Kerala High Court
Sajeev Karun vs State Of Kerala on 24 March, 2022
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
BAIL APPL. NO. 2011 OF 2022
CRIME NO.810/2019 OF Mannarkkad Police Station, Palakkad
PETITIONER:
SAJEEV KARUN, AGED 44 YEARS, S/O KARUN
KARUNA NIVAS, VENGANALLUR P.O
CHELAKKARA,THRISSUR DISTRICT, PIN - 680586
BY ADVS.RENJITH B.MARAR
LAKSHMI.N.KAIMAL
ARUN POOMULLI
AISWARYA THANKACHAN
RESPONDENT/STATE:
STATE OF KERALA, REPRESENTED BY PUBLIC
PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM
ERNAKULAM, PIN - 682031
BY SRI. M.C. ASHI, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.2011/2022
-:2:-
ORDER
Dated this the 24th day of March, 2022 This is an application filed u/s 438 of Code of Criminal Procedure seeking pre-arrest bail.
2. The petitioner is the accused in Crime No.810/2019 of Mannarghat Police Station. The offences alleged are under Sections 406, 420, 506 of IPC and Sections 3 and 4 of the Kerala Prevention of Money Circulation Schemes (Banning) Act, 1978.
3. The prosecution case in short is that the petitioner made believe the defacto complainant that if he deposits money, huge returns would be given and accordingly, the defacto complainant deposited Rs.10,000/- and cheated him without returning the amount and thereby committed the offences.
4. Heard both sides and perused the case diary.
5. The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public Prosecutor B.A.No.2011/2022 -:3:- opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and if the petitioner is released on bail at this stage, it would affect the course of investigation.
6. The case records would show that the petitioner has been implicated in number of cases by different police in Palakkad and Kottayam Districts. In most of the cases he has been granted anticipatory bail. Since he has been thoroughly interrogated in the cases, the custodial interrogation of the petitioner does not appear to be necessary. For all these reasons, the petitioner is entitled to pre-arrest bail on conditions.
In the result, the application is allowed on the following conditions:-
(i) The petitioner shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.
(ii) The petitioner shall fully co-operate with the investigation, including subjecting himself to the deemed police B.A.No.2011/2022 -:4:- custody for the purpose of discovery, if any, as and when demanded.
(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioner shall also appear before the investigating officer as and when required by him.
(iv) The petitioner shall not commit any offence of like nature while on bail.
(v) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(vi) The petitioner shall not leave State of Kerala without the permission of the trial Court.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp True copy
P.A. To Judge