Arun @ Arun Maniyan v. State of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. BADHARUDEEN
Judgment Date: 2023-03-15
Court Decision / Holding: The petition is allowed; the accused is granted regular bail on stringent conditions: (i) bond for Rs.50,000 with two solvent sureties of like amount; (ii) not to intimidate witnesses or tamper with evidence, cooperate with investigation, and be available for trial; (iii) not to leave India without court permission; (iv) surrender passport within 7 days of release or file affidavit if no passport; (v) shall not involve in any other offence during the currency of bail, with its violation justifying cancellation of bail.
Final Disposition: Bail Granted; Petition Allowed.

Parties to the Case

Appellants / Petitioners

ARUN @ ARUN MANIYAN

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala

Legal Representation & Advocates

Counsels for Petitioners

• John Joseph (Roy)
• S. Krishnankutty

Counsels for Respondents

• P G Manu, Senior Public Prosecutor

Case Synopsis & Summary

Arun @ Arun Maniyan, the sole accused in Crime No.203/2022 of Pulinkunnu Police Station, Alappuzha, seeks regular bail under Section 439 CrPC for offences under Sections 406 and 420 IPC. The prosecution alleges that he hatched a plan to cheat the defacto complainant by promising a Russia job visa and collected Rs. 2,50,000 in two installments on 26.06.2021 and thereafter, including Rs. 6,000, for arranging a visa, but did not provide the visa or refund the money. The accused allegedly targeted the complainant twice, first transferring Rs. 1,06,000 via account transfer and later Rs. 78,000 via CDM, with total amount misappropriated. He was in custody since 28.01.2023. The Public Prosecutor opposed bail citing a history of similar offences and previous cases (Crime Nos. 334/2022 and 193/2023), arguing that the investigation is in an early stage and release would hamper investigation, especially given the lack of recovered funds. The court examined the case diary and IO report and noted the evidence of misappropriation, but considered the accused's continued custody and the progress of investigation. Ultimately, the judge granted bail with stringent conditions: bond Rs. 50,000 with two sureties; the accused shall not commit further offences; must cooperate, inform IO weekly, stay within India without permission, surrender passport; and any violation could cancel bail.

Provisions of Law Cited

Section 439 of the Code of Criminal ProcedureSection 406 IPCSection 420 IPC

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner argued that investigation is practically over and that he has been in custody since 28.01.2023; therefore he should be released on bail with stringent conditions, as the ongoing investigation would be aided by his cooperation.

Contentions of Respondents

The Public Prosecutor opposed bail, highlighting the accused’s criminal antecedents and similar alleged offences (Crimes 334/2022 and 193/2023); argued that investigation is at a primitive stage and release would hamper investigation and the recovery of misappropriated funds.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 15[TH] DAY OF MARCH 2023 / 24TH PHALGUNA, 1944 BAIL APPL. NO. 1660 OF 2023** **AGAINST THE ORDER/JUDGMENTCMP 216/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS, RAMANKARI** **CRIME NO.203 OF 2022 OF PULINKUNNU POLICE STATION, ALAPPUZHA APPLICANT/ACCUSED** ARUN @ ARUN MANIYAN AGED 31 YEARS S/O. MANIYAN, VIRUVIL HOUSE, PULINCUNNU P.O., PULINCUNNU VILLAGE, KUTTANAD TALUK, ALAPUZHA DISTRICT- 688 504., PIN - 688504 BY ADVS. JOHN JOSEPH(ROY) S.KRISHNANKUTTY ## **RESPONDENT/COMPLAINANT:** STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031. P G MANU, SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06.03.2023, THE COURT ON 15.03.2023 DELIVERED THE FOLLOWING: B.A.No.1660/2023 2 ## _**A. BADHARUDEEN, J.**_ _**================================**_ _B.A.No.1660 of 2023_ _================================ Dated this the 15th day of March, 2023_ ## _**O R D E R**_ The sole accused in Crime No.203/2022 of Pulinkunnu Police Station, Alappuzha is the petitioner and he seeks regular bail in this petition filed under Section 439 of the Code of Criminal Procedure for the offences punishable under Sections 406 and 420 of the Indian Penal Code (`IPC' for short hereinafter). 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the case diary along with the report of the Investigating Officer placed by the learned Public Prosecutor. 3. The prosecution allegation is that the accused herein B.A.No.1660/2023 3 with intention to cheat the defacto complainant and thereby to make unlawful enrichment to himself and to cause corresponding loss to the defacto complainant, received Rs.1,66,000/- on 26.06.2021 in his account through the account of the defacto complainant with offer to arrange job visa to the defacto complainant in Russia. Thereafter, he had collected Rs.78,000/more. The sum and substance of the prosecution allegation is that though the accused herein collected a total sum of Rs.2,50,000/with offer to provide job visa to Russia, he failed to provide either visa or to return the money. It is on this premise, the prosecution alleges commission of offences punishable under Sections 406 and 420 of the Indian Penal Code. 4. While pursuing the relief of regular bail to the petitioner, who had been in custody from 28.01.2023, the learned counsel for the petitioner would submit that the investigation is practically over and the petitioner, who has been in custody, is B.A.No.1660/2023 4 liable to be released on bail. 5. The learned Public Prosecutor strongly opposed grant of bail to the petitioner on two grounds. According to the learned Public Prosecutor, the petitioner is a habitual offender, having involvement in similar crimes. According to the learned Public Prosecutor, in Crime No.334/2022 of Mararikulam Police Station, alleging commission of offences punishable under Sections 406 and 420, there is allegation to the effect that he had forged and used documents as genuine by cheating the defacto complainant in the said case with offer to arrange job visa in Russia. The learned Public Prosecutor also pointed out that Crime No.193/2023 of Neyyattinkara Police Station, alleging commission of offences punishable under Sections 406 and 420 was registered on similar set of facts. According to the learned Public Prosecutor, the investigation in this crime is at the primitive stage and the money misappropriated by the petitioner, not so far recovered. Therefore, B.A.No.1660/2023 5 release of the petitioner at this primitive stage would hamper the investigation. 6. On perusal of the case diary, the prosecution case is well made out, that is to say, the petitioner herein obtained a total sum of Rs.2,50,000/- with undertaking to provide job visa in Russia on 2 occasions, viz., @ Rs.1,06,000/- on 26.06.2021 through account transfer and Rs.78,000/- thereafter by CDM transfer. Further he alleged to have received Rs.6,000/- directly. So, the complicity of the petitioner in this case is well made out. The report of the Investigating Officer does not suggest recovery of any amount and it is noticed that the entire amount was misappropriated by the petitioner. The criminal antecedents of the petitioner and his involvement in cases of similar nature would aggravate his claim for regular bail since he has involvement in 3 crimes altogether of the same nature. 7. However, considering the custody of the petitioner from B.A.No.1660/2023 6 28.01.2023 and the progress of the investigation, I am inclined to release him on bail by imposing stringent conditions and one among such conditions is that the petitioner/accused shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same alone shall be a reason to cancel the bail hereby granted. 8. Accordingly, the petition stands allowed and the petitioner can be released on bail on the following conditions: i. Accused/petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court concerned. ii. Accused/petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. He shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a B.A.No.1660/2023 7 period of two months and also appear before the Investigating Officer as and when directed. iii. Accused/petitioner shall not leave India without prior permission of the jurisdictional court. iv. The petitioner shall surrender his passport, if any, within 7 days from the date of their release, before the trial court. If he has no passports, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter. v. Accused/petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same alone shall be a reason to cancel the bail hereby granted. _Sd/-_ _**(A. BADHARUDEEN, JUDGE)**_ _rtr/_ B.A.No.1660/2023 8 ## **APPENDIX OF BAIL APPL. 1660/2023** PETITIONER'S ANNEXURES Annexure -1 TRUE COPY OF THE ORDER IN C. M. P. NO. 216 OF 2023 IN CRIME NO.203/2022 OF PULINCUNNU POLICE STATION DATED 14-022023 OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT RAMANKARI.