BA 8504/2019 & connected cases

BA..8504/2019 & connted cases 1 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **WEDNESDAY, THE 22ND DAY OF JULY 2020 / 31ST ASHADHA, 1942** **Bail Appl..No.8504 OF 2019** **CRIME NO.2849/2019 OF Pala Police Station , Kottayam** ## **PETITIONER/ACCUSED NO.1:** **DIVYA MOHAN AGED 36 YEARS D/O.MOHAN, RESIDING AT MOHAN'S HOUSE, (PUTTUMADATHIL), KADAPPATTOOR KARA, MEENACHIL VILLAGE, MEENACHIL TALUK** **BY ADVS. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.D.FEROZE SRI.K.ANAND (A-1921)** ## **RESPONDENTS/STATE:** **1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031(CRIME NO.2849/2019 OF PALA POLICE STATION, KOTTAYAM DISTRICT)** **2 STATION HOUSE OFFICER, PALA POLICE STATION, KOTTAYAM DISTRICT-686575(CRIME NO.2849/2019 OF PALA POLICE STATION, KOTTAYAM DISTRICT) 3 ADDL.R3: JINTA JOSEPH AGED 39 YEARS, W/O ASHLY AUGUSTINE, PALAMOOTILVEEDU, THELLAKOM PO, KOTTAYAM DISTRICT-686016.** **IS IMPLEADED AS PER ORDER DATED 6.12.2019 IN CRL.MA NO.1/2019 IN BA NO.8504/2019.** **R1 & R2 BY SRI.AJITH MURALI, PP R3 BY ADV. ADITHYA RAJEEV R3 BY ADV. SHRI.SREEDEV U R4 BY ADV. SRI.K.N.SIVASANKARAN R4 BY ADV. SRI.SUNIL SHANKER** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.07.2020, ALONG WITH Bail Appl..8511/2019, Bail Appl..8759/2019, Bail Appl..8760/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** BA..8504/2019 & connted cases 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **WEDNESDAY, THE 22ND DAY OF JULY 2020 / 31ST ASHADHA, 1942** **Bail Appl..No.8511 OF 2019** **CRIME NO.2850/2019 OF Pala Police Station , Kottayam** ## **PETITIONER/ACCUSED NO.1:** **DIVYA MOHAN AGED 36 YEARS D/O. MOHAN, RESIDING AT MOHAN'S HOUSE, (PUTTUMADATHIL), KADAPPATTOOR KARA, MEENACHIL VILLAGE, MEENACHIL TALUK.** **BY ADVS. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.D.FEROZE SRI.K.ANAND (A-1921)** ## **RESPONDENTS/STATE:** **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 (CRIME NO.2850/2019 OF PALA POLICE STATION, KOTTAYAM DISTRICT).** **2 STATION HOUSE OFFICER PALA POLICE STATION, KOTTAYAM DISTRICT-686 575 (CRIME NO.2850/2019 OF PALA POLICE STATION, KOTTAYAM DISTRICT). 3 ADDL.R3 NEETHU JOY AGED 33 YEARS, W/O BIBIN BABU, KOLLAMPARAMBIL, PAMPADY, VAIKKOM, KOTTAYAM DISTRICT-686502.** **IS IMPLEADED AS PER ORDER DATED 6.12.2019 IN CRL.MA NO.1/2019 IN BA-8511/2019.** **R3 BY ADV. ADITHYA RAJEEV R3 BY ADV. SHRI.SREEDEV U** **R1 & R2 BY SRI.AJITH MURALI, PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.07.2020, ALONG WITH Bail Appl..8504/2019, Bail Appl..8759/2019, Bail Appl..8760/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** BA..8504/2019 & connted cases 3 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **WEDNESDAY, THE 22ND DAY OF JULY 2020 / 31ST ASHADHA, 1942** **Bail Appl..No.8759 OF 2019** **CRIME NO.2850/2019 OF Pala Police Station , Kottayam** ## **PETITIONER:** **TINTU JOHN, AGED 35 YEARS D/O.JOHN, THENGUMTHOTTATHIL HOUSE, MUTHOLI KARA, MUTHOLI VILLAGE, MEENACHIL TALUK. BY ADV. SRI.K.M.KURIAN** ## **RESPONDENTS:** |**RESPONDENTS**<br>**:**|||| |---|---|---|---| |**1**|**STATE OF KERALA,**||| ||**REPRESENTED BY PUBLIC PROSECUTOR,**||| ||**HIGH COURT OF KERALA, ERNAKULAM.**||| |**2**|**STATION HOUSE OFFICER,**||| ||**PALA POLICE STATION,**||| ||**REPRESENTED BY PUBLIC PROSECUTOR,**||| ||**HIGH COURT OF KERALA, ERNAKULAM.**||| |**3**|**ADDL.R3:**<br> **NEETHU JOY**||| ||**AGED 34 YEARS**||| ||**W/O. BIBIN BABU, KOLLAMPARAMBIL,**||| ||**PAMBADY, VAIKKOM,**||| ||**KOTTAYAM DISTRICT-686502.**||| ||**IS IMPLEADED AS PER ORDER**|**DATED 22/07/2020 IN**|| ||**CRL.M.A. NO. 1/2020**||| ||**R3 BY ADV. ADITHYA RAJEEV**||| ||**SRI.AJITH MURALI, PP**||| |**THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON**|||| |**22.07.2020,**|**ALONG**<br>**WITH**<br>**Bail**|**Appl..8504/2019,**|**Bail**| |**Appl..8511/2019, Bail Appl..8760/2019,**||**THE COURT ON THE SAME**|**DAY**| |**PASSED THE FOLLOWING:**|||| BA..8504/2019 & connted cases 4 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **WEDNESDAY, THE 22ND DAY OF JULY 2020 / 31ST ASHADHA, 1942** **Bail Appl..No.8760 OF 2019** **CRIME NO.2849/2019 OF Pala Police Station , Kottayam** ## **PETITIONER:** **TINTU JOHN, AGED 35 YEARS, D/O.JOHN, THENGUMTHOTTATHIL HOUSE, MUTHOLI KARA, MUTHOLI VILLAGE, MEENCAHIL TALUK. BY ADV. SRI.K.M.KURIAN : 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 STATION HOUSE OFFICER, PALA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3 ADDL.R3: JINTA JOSEPH AGED 39 YEARS W/O. ASHLEY AUGUSTINE, PALAMOOTILVEEDU, THELLAKOM P.O, KOTTAYAM DISTRICT-686016. IS IMPLEADED AS PER ORDER DATED 22/07/2020 IN CRL.M.A. NO.1/2020** ## **RESPONDENTS:** **R3 BY ADV. ADITHYA RAJEEV R1 & R2 BY SRI.AJITH MURALI, PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.07.2020, ALONG WITH Bail Appl..8504/2019, Bail Appl..8511/2019, Bail Appl..8759/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** BA..8504/2019 & connted cases 5 ## **O R D E R** **[ Bail Appl..8504/2019, Bail Appl..8511/2019, Bail Appl..8759/2019, Bail Appl..8760/2019 ]** **Dated this the 22nd day of July 2020** These Bail Applications filed under Section 438 of Criminal Procedure Code were heard through Video Conference. 2. The petitioners in these four bail applications are the accused in Crime Nos.2849/2019 and 2850/2019 of Pala Police Station. The petitioner in B.A No.8760/2019 is the 2[nd] accused in Crime No.2849/2019 and the first accused in that case is the petitioner in B.A.No.8504/2019. The petitioner in B.A Nos.8759/2019 and 8511/2019 are the 2[nd] accused in Crime No.2850/2019. The allegation against the petitioners is that they committed the offences under Sections 406 and 420 r/w 34 of the Indian Penal Code. 3. The prosecution case is that the petitioners in these cases made the defacto complainants to believe that they will secure employment at Canada and received huge amount from the defacto complainant. The amount was paid in 2016. The defacto complainants have not received any job offer even now. They lost BA..8504/2019 & connted cases 6 their money also. Hence the complaint is filed which leads to the registration of these two crimes. 4. The learned counsel for the petitioner, who is appearing in B.A No.8504/2019 and B.A.No.8511/2019 submitted that it is a fact that the petitioner received the amount from the defacto complainants in these two crimes. But actually she received the amount and transferred that amount to one Linta John, who is settled at Punjab. The petitioner accepted the amount from the defacto complainant on a bonafide belief that the above mentioned Linta John will arrange visa to the petitioners. Now the petitioners are trying to settle the matter. They will see that the petitioners in these cases will get back the amount. The learned counsel for the petitioners also submitted that the amount due to the defacto complainant are now secured because one of the defacto complainant filed O.S.No.39/2020 before the Munsiff's Court, Pala and there is an attachment order of the property of the petitioner. The counsel submitted that now this is only a monetary dispute and no ingredients of cheating is there in these cases. The petitioner now admit that there is an amount due to the defacto complainants and she will see that the matter is settled. 5. The counsel who appeared for the defacto complainant seriously opposed the bail application. The counsel BA..8504/2019 & connted cases 7 submitted that he paid huge amount to the petitioners and he has not received back the amount even now. He also submitted that the offered job in Canada is also not there. The counsel also submitted that they issued a fake nomination letter. Therefore, the counsel submitted that there is cheating and forgery in these cases. 6. The learned Public Prosecutor submitted that huge amount is involved in these cases and the custodial interrogation of the petitioners is necessary. 7. After hearing both sides I think, these bail applications can be allowed on stringent conditions. These bail applications are pending before this Court from November, 2019 onwards. There was an interim order not to arrest the petitioners because the matter was referred for mediation. The mediation was not fruitful. Now the learned counsel for the petitioners submitted that it is only a monetary dispute and he will try to settle the issue at the earliest. This submission was made by the learned counsel for the 1[st] accused. It is a fact that the payment of the amount is admitted by the first accused. There is a civil case also pending before the Munsiff's Court and there is an attachment order also. Considering the entire facts and circumstances of this case, I think these bail applications can be allowed on stringent conditions. BA..8504/2019 & connted cases 8 8. Moreover, considering the need to follow social distancing norms inside prisons so as to avert the spread of the novel Corona Virus Pandemic, the Hon'ble Supreme Court in **Re:** **Contagion of COVID-19 Virus In Prisons case (Suo Motu Writ Petition(C) No.1 of 2020)** and a Full Bench of this Court in **W.P(C)No.9400 of 2020** issued various salutary directions for minimizing the number of inmates inside prisons. 9. Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in **Chidambaram. P v Directorate of Enforcement (2019 (16) SCALE 870),** after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial. 10. Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed with the following directions: 1. The petitioners shall appear before the Investigating Officer within 20 days from today and shall undergo interrogation. 2. After interrogation, if the Investigating Officer propose to arrest the BA..8504/2019 & connted cases 9 petitioners, they shall be released on bail executing a bond for a sum of Rs.50,000/(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the officer concerned. 3. The petitioners shall appear before the Investigating Officer as and when required. The petitioners shall co-operate with the investigation and shall not threaten or attempt to influence the witnesses or tamper with the evidence. 4. The petitioners shall strictly abide by the various guidelines issued by the State Government and Central Government with respect to keeping of social distancing in the wake of Covid 19 pandemic. 5. If any of the above conditions are violated by the petitioners, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. ## **Sd/-** ## **P.V.KUNHIKRISHNAN** ## **JUDGE** ab BA..8504/2019 & connted cases 10