Kerala High Court
Nidhish Kalamkar vs State Of Kerala on 14 September, 2021
Author: V Shircy
Bench: V Shircy
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
BAIL APPL. NO. 6684 OF 2021
AGAINST THE ORDER/JUDGMENT IN SC 724/2020 OF ADDITIONAL SESSIONS
COURT - II, MANJERI, MALAPPURAM
PETITIONER/ACCUSED:
NIDHISH KALAMKAR
AGED 43 YEARS
57 SHIVAJINAGAR, B202,
KANCHAN GEET APARTMENT, SHIVAJINAGAR,
SHANKAR NAGAR, NAGPUR, MAHARASHTRA 440 010
BY ADVS.
SURAJ.S
NIRMAL V NAIR
RESPONDENT/STATE:
STATE OF KERALA
REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
KOCHI 682 031
SREEJA.V- SR.P.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 6684 OF 2021
2
ORDER
Application for regular bail.
The petitioner, who is the 1 st accused in Crime No.10/2020 of the Perumpadappu Police Station, Malappuram District registered for the offences punishable under Sections 489A, 489B, 489C, 489D, 489E, 419 and 468 of the Indian Penal Code, has moved this application for his release on bail.
2. The brief facts of the case are as follows:
On 15.01.2020 at about 2.40 p.m, while the petitioner and his wife were travelling in a car bearing registration No.MH 04- DB-7783, they were intercepted by the police and on inspection they were found in possession of 45 fake notes of Rs.2000/- denomination, 52 fake notes of Rs.500/- denomination having a total value of Rs.1,16,000/-. A printer and other machineries were also found in their possession and they were also carrying a fake Aadhar Card in his name with fictitious address. They were apprehended then and there and the case was investigated by the investigating agency and now it is pending before the Additional BAIL APPL. NO. 6684 OF 2021 3 Sessions Court-II, Manjeri as S.C.No.724/2020.
3. This petitioner moved bail applications twice before this Court and on 07.07.2020 while considering the third application submitted by him, this court observed that the final report has already been submitted and committal proceedings is on the way, if there is unreasonable delay in trial of the case then the petitioner can approach the jurisdictional court at the appropriate time for bail. Thereafter this petitioner filed an application for his release on bail before the learned Additional Sessions Judge as Crl.M.P.No.1451/2020. After considering the entire facts involved in this case, the learned Sessions Judge also dismissed the application mainly on the ground that if the petitioner is enlarged on bail there is every chance to abscond and his presence could not be secured for trial.
4. This petitioner is from Maharashtra and he has no place of abode in Kerala State. When this bail application moved by this petitioner, I have called for a report from the learned Sessions Judge regarding the present status of the case as well, regarding the time required for disposal of the same. By letter dated BAIL APPL. NO. 6684 OF 2021 4 09.09.2021 the learned Additional Sessions Judge, who is dealing with the matter has reported that, because of the heavy pendency of the cases both civil and criminal, the learned Judge requires at least six months time for disposal of the case.
5. According to the learned counsel for the petitioner, he is ready to provide sureties from Kerala and also to co-operate with the trial of the case.
6. The learned Public Prosecutor has submitted that though bail has been granted to the 2nd accused, the wife of this petitioner, on 24.04.2021 by the learned Sessions Judge, she could not comply with the conditions imposed by the Court and so she is still in custody. If this petitioner is released on bail at this stage, when the case is ready for trial there is every possibility to get the trial delayed further. When the learned Additional Sessions Judge requires six months time for disposal of the same, there is no justification in releasing the petitioner on bail just considering the fact that he is in custody since 15.01.2020. But the time sought for by the learned Sessions Judge appears to be on the higher side and therefore, I here by direct the learned Sessions Judge, who is BAIL APPL. NO. 6684 OF 2021 5 dealing with the case to take up the matter and expedite the trial of the case and dispose of the same at any rate within a period of three months from today. Preference has to be given to cases in which accused are in custody.
With this direction the bail application submitted by this petitioner stands dismissed. Communicate the order.
Sd/-
SHIRCY V. JUDGE mpm