Kerala High Court
Shiyas vs State Of Kerala on 29 January, 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
WEDNESDAY, THE 29TH DAY OF JANUARY 2020 / 9TH MAGHA, 1941
Bail Appl..No.8233 OF 2019
CRIME NO.1139/2019 OF Kodungallur Police Station , Thrissur
PETITIONER/ACCUSED:
SHIYAS
AGED 40 YEARS
S/O KUNJUMOHAMMED, MOLEKUDY HOUSE, VENGOLA
P.O.ARAKKAPPADY, PERUMBAVOOR, ERNAKULAM DISTRICT.
BY ADV. SRI.VARGHESE C.KURIAKOSE
RESPONDENTS/STATE:
1 STATE OF KERALA
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682 031.
2 THE CIRLCLE INSPECTOR OF POLICE,
KODUNGALOOR POLICE STATION, THRISSUR-680 001.
3 SEENABAI VIPIN
AGED 40 YEARS, W/O.VIPIN E.R
DIRECTOR, M/S.FORIDO TRAVEL AND TOURISM PRIVATE
LIMITED
ROOM NO.XVII/384, 1ST FLOOR,
EDISON COMPLEX, THEKKENADA, KODUNGALLUR,
PIN 680 664.
(Addl.R3 is impleaded as per order in Crl.M.P.No.01
of 2019 dated 22.01.2020)
R3 BY ADV. SRI.SAIBY JOSE KIDANGOOR
R3 BY ADV. SRI.BENNY ANTONY PAREL
R3 BY ADV. SMT.S.SIBHA
R3 BY ADV. SRI.MATHEWS RAJU
R3 BY ADV. SRI.P.M.MOHAMMED SALIH
R3 BY ADV. KUM.PARVATHY VIJAYAN
R3 BY ADV. SRI.T.M.MUHAMED HAFEES
R3 BY ADV. SMT.PRAMITHA AUGUSTINE
SRI C K PRASAD-PP
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
22.01.2020, ALONG WITH Bail Appl..8244/2019, THE COURT ON
29.01.2020 PASSED THE FOLLOWING:
B.A.Nos.8233/2019
& 2
8244/2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
WEDNESDAY, THE 29TH DAY OF JANUARY 2020 / 9TH MAGHA, 1941
Bail Appl..No.8244 OF 2019
CRIME NO.1139/2019 OF Kodungalloor Police Station, Thrissur
PETITIONER:
LEESHYA PRAMOD
AGED 42 YEARS
W/O PRAMOD,PRIPRIETRIX,NAKSHATHRA
ENTERTAINMENT,QUUENS ROAD,VADAKARA,
CALICUT-673101,KOZHIKODE DISTRICT.
BY ADV. SRI.VARGHESE C.KURIAKOSE
RESPONDENTS:
1 STATE OF KERALA
REP.BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,ERNAKULAM-682031.
2 THE CIRCLE INSPECTOR OF POLICE,
KODUNGALLUR POLICE STATION,
THRISSUR DISTRICT-680001.
3 SEENABAI VIPIN
AGED 40 YEARS, W/O.VIPIN E.R
DIRECTOR, M/S.FORIDO TRAVEL AND TOURISM PRIVATE
LIMITED
ROOM NO.XVII/384, 1ST FLOOR,
EDISON COMPLEX, THEKKENADA, KODUNGALLUR,
PIN 680 664.
(Addl.R3 is impleaded as per order in
Crl.M.P.No.01 of 2019 dated 22.01.2020)
B.A.Nos.8233/2019
& 3
8244/2019
R3 BY ADV. SRI.SAIBY JOSE KIDANGOOR
R3 BY ADV. SRI.BENNY ANTONY PAREL
R3 BY ADV. SMT.S.SIBHA
R3 BY ADV. SRI.MATHEWS RAJU
R3 BY ADV. SRI.P.M.MOHAMMED SALIH
R3 BY ADV. KUM.PARVATHY VIJAYAN
R3 BY ADV. SRI.T.M.MUHAMED HAFEES
R3 BY ADV. SMT.PRAMITHA AUGUSTINE
SRI.AJITH MURALI PP
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
22.01.2020, ALONG WITH Bail Appl.8233/2019, THE COURT ON
29.01.2020 PASSED THE FOLLOWING:
B.A.Nos.8233/2019
& 4
8244/2019
R.NARAYANA PISHARADI, J
************************
B.A.Nos.8233 of 2019
&
8244 of 2019
----------------------------------------------
Dated this the 29th day of January, 2020
ORDER
These applications for anticipatory bail under Section 438 Cr.P.C are filed by the second and the third accused in the case registered as Crime No.1139/2019 of the Kodungalloor police station.
2. The case against the accused was registered on the basis of the complaint filed by the de facto complainant in the Court of the Judicial First Class Magistrate, Kodungalloor which was forwarded to the police for investigation under Section 156(3) Cr.P.C. The case was initially registered for the offences punishable under Sections 406, 418 and 420 read with 34 I.P.C. Subsequently, the offence under Section 406 I.P.C has been deleted.
B.A.Nos.8233/2019& 5 8244/2019
3. The prosecution case, as revealed from the complaint filed by the de facto complainant, is as follows: The complainant is the director of the company "M/s.Forido Travel and Tourism (P) Limited" which is engaged in the business of providing travelling services. The first accused is the proprietor of "M/s.Zion Creations Advertisements", which is an event management firm. The second accused is the proprietor of the firm "Nakshatra Entertainment". In the month January 2019, the second and the third accused approached the complainant and requested to take care of the travelling requirements in connection with the 'Valentines Night 2019' scheduled to be held on 14.02.2019 at the Adlux International Convention Centre at Angamaly which was a programme proposed to be conducted jointly by M/s.Zion Creations Advertisements and Nakshatra Entertainment. The second and the third accused assured the complainant that all payments due to her would be made on or before the date 21.03.2019. On the basis of the promise made by the second and the third accused and the assurance given by them, the complainant booked 81 domestic flight tickets from 08.02.2019 B.A.Nos.8233/2019 & 6 8244/2019 onwards spending an amount of Rs.9,43,935.97/-. A written agreement was entered into between the complainant and the first accused on 13.02.2019. As per this agreement, the first accused agreed to make payment to the complainant within the date 21.02.2019. However, inspite of repeated demands made by the complainant, the accused did not pay the amount due to her. The second accused issued a cheque dated 11.04.2019 for Rs.9,43,936/- to the complainant in discharge of the liability but the cheque was dishonoured on 12.04.2019. The first accused had issued a cheque dated 04.03.2019 for Rs.4,00,000/- to the complainant but the aforesaid cheque was also dishonoured on 16.04.2019. The accused have deceived and cheated the complainant.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor. Heard also the learned counsel for the de facto complainant who was impleaded as additional third respondent in the bail applications.
5. The sum and substance of the allegations against the petitioners is that they caused the complainant to book flight B.A.Nos.8233/2019 & 7 8244/2019 tickets for the programme to be conducted on 14.02.2019 but they did not pay the complainant the amount of the flight tickets and thereby cheated her.
6. The case diary reveals that an agreement was executed between the first accused and the complainant on 13.02.2019. As per this agreement, the complainant had agreed to book 81 domestic flight tickets for the persons attending the programme on 14.02.2019. As per this agreement, the first accused had agreed to pay an amount of Rs.9,43,936/- to the complainant within the date 21.02.2019.
7. It is significant that the petitioners, who are the second and the third accused, are not parties to the aforesaid agreement. The liability to pay the amount due to the complainant, as per the agreement executed by the complainant and the first accused, was upon the first accused alone.
8. The dispute in the case appears to be predominantly of a civil nature. However, at this stage, it cannot be found that the offence of cheating punishable under Section 420 I.P.C is not made out against the petitioners. Only after a deep probe with B.A.Nos.8233/2019 & 8 8244/2019 regard to the circumstances under which the complainant booked the flight tickets, it could be decided whether the accused had any intention to cheat the complainant.
9. But, custodial interrogation of the petitioners appears to be not at all necessary to have an effective investigation of the case, especially when there is a written agreement between the first accused and the complainant regarding the booking of flight tickets by the complainant. It is only necessary to ensure that the petitioners shall not flee from justice and that they shall co- operate with the investigation of the case. In these circumstances, I find that the discretion of this Court can be exercised in favour of the petitioners to grant them the benefit of pre-arrest bail.
10. In the result, the applications are allowed as follows:
i) The petitioners shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two sureties each for the like amount in the event of their arrest by the police in Crime No.1139/2019 of the Kodungalloor police station.B.A.Nos.8233/2019
& 9
8244/2019
ii) The petitioners shall appear before the investigating officer between 9 am and 11 am on all Saturdays for a period of three months from the date of their release on bail.
iii) The petitioners shall appear before the investigating officer as and when required by him in writing to do so.
iv) The petitioners shall not in any manner intimidate or influence the de facto complainant or other prosecution witnesses in the case.
v) The petitioners shall not leave the State of Kerala without the prior permission of the jurisdictional court concerned.
vi) The petitioners shall surrender their passports before the jurisdictional court concerned within a period of three days from the date of their release on bail. If they have no passport, they shall file an affidavit to that effect in that court within that period.
vii) If the petitioners violate any of the aforesaid conditions of bail, the jurisdictional court is at liberty to cancel the bail without any further orders of this Court, but in accordance with law.
B.A.Nos.8233/2019& 10 8244/2019
viii) If the petitioners surrender their passports in the court and if it becomes necessary for them to get the passports released to them for any purpose, the jurisdictional court is at liberty to consider the application, if any, filed by them in that regard and pass appropriate orders thereon after hearing the prosecution.
(sd/-) R.NARAYANA PISHARADI, JUDGE jsr True Copy PS to Judge