Aravind V.R. v. State of Kerala

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 6[TH] DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945 ``` ## **`BAIL APPL. NO. 142 OF 2024`** ``` CRIME NO.1132/2023 OF ARANMULA POLICE STATION, PATHANAMTHITTA AGAINST THE ORDER/JUDGMENT CMP 7405/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,PATHANAMTHITTA ``` ## **`PETITIONER/ACCUSED:`** ``` ARAVIND V.R, AGED 29 YEARS S/O RAJAN, VETTIKKAL VEEDU, ATTATHODE, PAMPA TRIVENI P.O., PERUNADU VILLAGE, PATHANAMTHITTA, NOW RESIDING AT KOYIKKALETH RAJEEV VEEDU,NEAR CHERUPUZHAKKAL TEMPLE, MALAKKARA, ARANMULA VILLAGE, PIN - 689532 BY ADVS. LIJU.V.STEPHEN INDU SUSAN JACOB P.M.HRIDYA TAJ K. TOM ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV. SMT. SEETHA S. – SENIOR PUBLIC PROSECUTOR ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.02.2024, ALONG WITH B.A NOS. 148/2024 AND 161/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 2 ``` ``` BAIL APPL. NOs. 142, 148 & 161 OF 2024 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` TUESDAY, THE 6[TH] DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945 ``` ## **`BAIL APPL. NO. 148 OF 2024`** ``` CRIME NO.1122/2023 OF ARANMULA POLICE STATION, PATHANAMTHITTA AGAINST THE ORDER/JUDGMENT CMP 7404/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,PATHANAMTHITTA ``` ## **`PETITIONER/ACCUSED:`** ``` ARAVIND V.R, AGED 29 YEARS S/O RAJAN, VETTIKKAL VEEDU, ATTATHODE, PAMPA TRIVENI P.O., PERUNADU VILLAGE, PATHANAMTHITTA, NOW RESIDING AT KOYIKKALETH RAJEEV VEEDU, NEAR CHERUPUZHAKKAL TEMPLE, MALAKKARA, ARANMULA VILLAGE, PIN - 689532 BY ADVS. LIJU.V.STEPHEN INDU SUSAN JACOB P.M.HRIDYA TAJ K. TOM ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV SRI. C.S. HRITHWIK – SENIOR PUBLIC PROSECUTOR ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.02.2024, ALONG WITH B.A NOS. 142/2024 AND 161/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 3 ``` ``` BAIL APPL. NOs. 142, 148 & 161 OF 2024 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 6[TH] DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945 ``` ## **`BAIL APPL. NO. 161 OF 2024`** ``` CRIME NO.1130/2023 OF ARANMULA POLICE STATION, PATHANAMTHITTA AGAINST THE ORDER/JUDGMENT CMP 7403/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PATHANAMTHITTA ``` ## **`PETITIONER/ACCUSED:`** ``` ARAVIND V.R AGED 29 YEARS S/O RAJAN, VETTIKKAL VEEDU, ATTATHODE, PAMPA TRIVENI P.O., PERUNADU VILLAGE, PATHANAMTHITTA NOW RESIDING AT KOYIKKALETH RAJEEV VEEDU, NEAR CHERUPUZHAKKAL TEMPLE, MALAKKARA, ARANMULA VILLAGE, PIN - 689532 BY ADVS. LIJU.V.STEPHEN INDU SUSAN JACOB P.M.HRIDYA TAJ K. TOM ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV SMT. SHYNI V.O. – PUBLIC PROSECUTOR ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.02.2024, ALONG WITH B.A NOS. 142/2024 AND 148/2024,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 4 ``` ``` BAIL APPL. NOs. 142, 148 & 161 OF 2024 ``` ## **C.S.DIAS, J.** **-------------------------------------------------------B.A.Nos. 142/2024, 148/2024 & 161/2024 -------------------------------------------------------Dated this the 6[th] day of February, 2024** ## **COMMON ORDER** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in crime Nos.1132/2023, 1122/2023 and 1130/2023 of the Aranmula Police Station, registered against him for allegedly committing the offences punishable under Sections 420, 468 and 471 of the Indian Penal Code. The petitioner was arrested on 4.11.2023. 2. The gist of the prosecution case in all the three crimes is that: the accused with an intention to cheat the informants in the respective cases and cause wrongful loss to them, offered them jobs as receptionist in the Kozhencherry District Hospital and induced the informants to deliver money through ``` 5 ``` ``` BAIL APPL. NOs. 142, 148 & 161 OF 2024 ``` google pay and the accused received amounts from the defacto complainants, but failed to secure the employment. Instead, the accused forged the letter head of the Section Officer of the Health Department, Thiruvananthapuram and made the informants believe that they had secured the employment. Thus, the accused committed the above offences. 3. Heard; Sri. Liju V. Stephen the learned counsel appearing for the petitioner and Sri. C.S. Hrithwik, the learned Public Prosecutor appearing for the respondent. 4. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the crimes. He is totally innocent of the accusations levelled against him. The petitioner was arrested in Crime No.1310/2024 of Cantonment Police Station, Thiruvananthapuram, which was ``` 6 ``` ``` BAIL APPL. NOs. 142, 148 & 161 OF 2024 ``` subsequently re-numbered as Crime No.1/2024 of Aranmula Police Station. The petitioner was arrested on 06.12.2023. Subsequently, the petitioner’s arrest was recorded in the above three crimes. The petitioner has been in judicial custody for the last sixty days. The petitioner was enlarged on statutory bail in B.A. No.155/2024 as the final report has not been laid. The investigation in the case is complete and the recovery has been effected. The petitioner’s further detention is unnecessary. Hence, the petitioner may be released on bail. 5. The learned Public Prosecutor opposed the applications. He contended that the petitioner is a person with criminal antecedents because he is involved in several cases of similar nature. The investigation is not complete. It is only because the final report was not laid, this Court enlarged the ``` 7 ``` ``` BAIL APPL. NOs. 142, 148 & 161 OF 2024 ``` petitioner on bail in B.A. No.155/2024. If the petitioner is released on bail, there is every likelihood of him hampering with the investigation and intimidating the witnesses. Hence, the applications may be dismissed. 6. Indisputably, the petitioner was arrested on 06.12.2023. The petitioner was enlarged on statutory bail by this Court as per the Order in B.A. No.155/2024. The petitioner was in judicial custody for more than sixty days by the same Police Station. Therefore, the investigation in all the cases is practically complete and recovery has been effected. 7. After bestowing my anxious consideration to the facts, the materials placed on record, the rival submissions made across the bar, the fact that the petitioner has already been released on statutory bail in B. A. No.155/2024, that the investigation in the ``` 8 ``` ``` BAIL APPL. NOs. 142, 148 & 161 OF 2024 ``` cases is practically complete and recovery has been effected, I am of the definite view that the petitioner’s continued detention in the above three crimes is not necessary. Hence, I am inclined to allow the bail applications. In the result, the applications are allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees One Lakh only) in each of the three cases with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions: (i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of two months or till the final report is laid, whichever is earlier. He shall also ``` 9 ``` ``` BAIL APPL. NOs. 142, 148 & 161 OF 2024 ``` appear before the Investigating Officer as and when required; (ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever; (iii) The petitioner shall not commit any offence while he is on bail; (iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond; (v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be ``` 10 ``` ``` BAIL APPL. NOs. 142, 148 & 161 OF 2024 ``` empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law; (vi) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below; (vii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in **Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663]** . **Sd/C.S. DIAS JUDGE** BR ``` 11 ``` ``` BAIL APPL. NOs. 142, 148 & 161 OF 2024 ``` ## **`APPENDIX OF BAIL APPL. 142/2024`** ``` PETITIONER’S ANNEXURES Annexure A1TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 1132/2023 DATED 09.12.2023 OF ARANMULA POLICE STATION Annexure A2TRUE COPY OF THE ORDER DATED 22/12/2023 IN CMP NO. 7405 BEFORE THE JUDICIAL FIRST-CLASS MAGISTRATE I, PATHANAMTHITTA ``` ``` RESPONDENT’S ANNEXURES: NIL ``` ``` 12 ``` ``` BAIL APPL. NOs. 142, 148 & 161 OF 2024 ``` ## **`APPENDIX OF BAIL APPL. 148/2024`** ``` PETITIONER’S ANNEXURES Annexure A1TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 1122/2023 DATED 07.12.2023 OF ARANMULA POLICE STATION Annexure A2TRUE COPY OF THE ORDER DATED 22/12/2023 IN CMP NO. 7404/2023 BEFORE THE JUDICIAL FIRST-CLASS MAGISTRATE I, PATHANAMTHITTA ``` ``` RESPONDENT’S ANNEXURES: NIL ``` ``` 13 ``` ``` BAIL APPL. NOs. 142, 148 & 161 OF 2024 ``` ## **`APPENDIX OF BAIL APPL. 161/2024`** ``` PETITIONER’S ANNEXURES Annexure A1TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 1130/2023 DATED 08.12.2023 OF ARANMULA POLICE STATION Annexure A2TRUE COPY OF THE ORDER DATED 22/12/2023 IN CMP NO. 7403/2023 BEFORE THE JUDICIAL FIRST-CLASS MAGISTRATE I, PATHANAMTHITTA ``` ``` RESPONDENT’S ANNEXURES: NIL ```