High Court of KeralaSingle Judge2023-01-17The applications are allowed; anticipatory bail...

BA Nos.1716/2021, 1838/2021 & 7402/2021 in Crime No.756/2018 (Pozhiyoor Police Station, Thiruvananthapuram)

Case / Petition Number:Criminal No.756/2018; BA Nos.1716/2021, 1838/2021 & 7402/2021

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Justice Viju Abraham
Judgment Date: 2023-01-17
Court Decision / Holding: Anticipatory bail applications allowed. The petitioners shall surrender before the Investigating Officer on 20.01.2023 at 11:00 a.m., and shall subject themselves for interrogation on that day and on any other day/days as directed. If arrested, they shall be produced before the jurisdictional Court on the same day and released on bail, subject to: (i) bond of Rs.50,000 with two sureties; (ii) appearance before the IO every Saturday at 11:00 a.m. until filing of final report; (iii) appearances as summoned; (iv) no contact with the victim/defacto complainant or interference with the investigation; (v) no involvement in other crimes while on bail. The Court notes the possibility of recoveries by police under the guidance of Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020 (1) KHC 663).
Final Disposition: The applications are allowed; anticipatory bail granted with specified conditions and surrender date fixed; limited custody for investigation; reference to Sushila Aggarwal for police powers while on bail.

Parties to the Case

Appellants / Petitioners

Mani P (Accused No.3)
Raja Mohan M (Accused No.4)
Arul Kumar A (Accused Nos.5,6,7,9,10,11,12,13 &15)
Babu G
Balakrishnan Nair
Lalu S
Syamala P Mani
Siju S
Omana
Daysi Kesavan
Sundaran

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala, Ernakulam
Part-Time Administrator, Parassala Rural Co-operative Society No.1509 ( impleaded ), Parassala, Thiruvananthapuram
Addl R2 Parassala Rural Co-operative Society No.1508 (impleaded as per order dated 19.3.2021)

Legal Representation & Advocates

Counsels for Petitioners

• Adv M.R. Sasith (for Mani P)
• Adv R.T. Pradeep (for Raja Mohan M)
• Adv Govind R. S. Krishna Mohan Das A. (for other applicants)

Counsels for Respondents

• Adv SMT Seetha S – Sr. P.P
• Adv M.C. Ashi – P.P

Case Synopsis & Summary

These are anticipatory bail applications arising out of Crime No.756/2018 of Pozhiyoor Police Station, Thiruvananthapuram, filed by accused numbers 3, 4, 5–15. The Kerala High Court, with Justice Viju Abraham presiding, considered the petitions on 17 January 2023 along with connected matters. The prosecution alleges misappropriation of bank funds and offences under IPC sections 409, 420, 465, 468, 471 read with 34. The court noted that the crime was registered in 2018 and there exists an earlier order prohibiting arrest, and that the petitioners have approached the court after a long interval. The Public Prosecutor opposed bail. The court observed that custodial interrogation may not be required at this stage given the lapse of time and the lack of arrest history since the prior order, and that only limited custody would be necessary for investigation. It referred to common orders in BA Nos.5265/2018 and 5369/2018 directing surrender for interrogation and stated that, in the event of arrest, the petitioners would be produced before the jurisdictional court and released on bail subject to conditions. The final decision grants anticipatory bail with specified conditions, including bond and sureties, regular appearances, reporting, no contact with victims, and no involvement in other crimes; surrender before the IO on 20.01.2023. The order cites the Supreme Court decision in Sushila Aggarwal to justify police power to recover if necessary, even during bail.

Provisions of Law Cited

IPC sections 409, 420, 465, 468, 471 r/w 34

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants submit that since the crime occurred in 2018 and there was an earlier order not to arrest the petitioners, custodial interrogation is not essential at this stage; the investigation can proceed with limited custody and subject to conditions; the petitioners are ready to cooperate and surrender as directed. The delay in proceeding and absence of arrest history since the earlier order are cited as factors weighing in favor of bail.

Contentions of Respondents

The State contends that the offences are grave and the investigation is active; custodial interrogation may be necessary to advance the investigation, and bail should be granted only with robust conditions to prevent interference with witnesses and further crimes.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Sushila Aggarwal and others v. State (NCT of Delhi) and another	2020 (1) KHC 663	Positive	Cited to justify the police's power to investigate and effect recoveries and to contextualize bail-related police actions.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT ## THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 17[TH] DAY OF JANUARY 2023 / 27TH POUSHA, 1944 ## BAIL APPL. NO. 1716 OF 2021 CRIMENO.756/2018 OF POZHIYOOR POLICE STATION, THIRUVANANTHAPURAM ## PETITIONER/ACCUSED NO.3: MANI P AGED 64 YEARS, AEIL NIVAS, PONVILA, AYIRA, PARASALA, THIRUVANANTHAPURAM 695502, PIN – 695502 BY ADV M.R.SASITH ## RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 PART TIME ADMINSTRATOR AGED 41 YEARS, PARASSHALA RURAL CO-OPERATIVE SOCIETY NO 1509, CHENKAVILA KARODE, POZHIYOOR, THIRUVANANTHAPURAM, PIN 695513 BY ADV SMT.SEETHA.S – SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.01.2023, ALONG WITH Bail Appl..7402/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA Nos.1716, 1838 & 7402 of 2021 .. 2 .. ## IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT ## THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 17[TH] DAY OF JANUARY 2023 / 27TH POUSHA, 1944 ## BAIL APPL. NO. 1838 OF 2021 CRIMENO.756/2018 OF POZHIYOOR POLICE STATION, THIRUVANANTHAPURAM ## PETITIONER/ACCUSED NO.4: RAJA MOHAN M AGED 65 YEARS, SON MRITHINJAYAN, RESIDING AT THIRUVONAM, KUZHINJAVILLA, PLAMOOTUKADA, NEYYATTINKARA TALUK, KAROD VILLAGE, THIRUVANANTHAPURAM, PIN – 695122 BY ADV R.T.PRADEEP ## RESPONDENTS: - 1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031 - *2 ADDL R2 PRASSALA RURAL CO -OPERATIVE SOCIETY T-1508 REPRESENTED BY PART-TIME ADMINISTRATOR, CHENKAVILA P.O, KARODE, POZHIYOOR, THIRUVANANTHAPURAM DISTRICT, PIN-605002. (IS IMPLEADED AS PER ORDER DATED 19.3.2021 IN CRL.MA 1/2021) BY ADV SMT.NIMA JACOB - PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.01.2023, ALONG WITH Bail Appl..7402/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA Nos.1716, 1838 & 7402 of 2021 .. 3 .. ## IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT ## THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 17[TH] DAY OF JANUARY 2023 / 27TH POUSHA, 1944 ## BAIL APPL. NO. 7402 OF 2021 CRIMENO.756/2018 OF POZHIYOOR POLICE STATION, THIRUVANANTHAPURAM PETITIONER/ACCUSED NOS. 5, 6, 7, 9, 10, 11, 12 ,13 & 15: - 1 ARUL KUMAR A., AGED 58 YEARS, ARUL BHAVAN, VITTIYODE, KARUMANOOR, PARASSALA, POZHIYOOR, THIRUVANANTHAPURAM - 695 513. - 2 BABU G., AGED 58 YEARS, KATTUVATHERI, AYIRA, POZHIYOOR, THIRUVANANTHAPURAM - 695 513. - 3 BALAKRISHNAN NAIR, AGED 58 YEARS, AKHILA KRISHNADAS, AYIRA, POZHIYOOR, THIRUVANANTHAPURAM - 695 513. - 4 LALU S., AGED 58 YEARS, KADALEENILAYAM, THACHOTTUVILA VEEDU, KARUMANOOR, PARASSALA, POZHIYOOR, THIRUVANANTHAPURAM - 695 513. - 5 SYAMALA P. MANI, AGED 58 YEARS, SMITHA COTTAGE, VELLIYAMKOTTUKONAM, KIZHAKKEKKARA, AYIRA, POZHIYOOR, THIRUVANANTHAPURAM - 695 513. - 6 SIJU S., AGED 58 YEARS, SHEELA BHAVAN, VITTIYODE, PARASSALA, POZHIYOOR, THIRUVANANTHAPURAM - 695 513. - 7 OMANA, AGED 58 YEARS, THEKKUMOODU, MELEKUZHINJANVILA, KARODE, POZHIYOOR, THIRUVANANTHAPURAM - 695 513. - 8 DAYSI KESAVAN, AGED 58 YEARS, ADHILESH BHAVAN, VITTIYODE, KARUMANOOR, PARASSALA, POZHIYOOR, THIRUVANANTHAPURAM - 695 513. - 9 SUNDARAN, AGED 58 YEARS, AZHITHARA VARAMBU, AYIRA, POZHIYOOR, THIRUVANANTHAPURAM - 695 513. BA Nos.1716, 1838 & 7402 of 2021 .. 4 .. BY ADVS. GOVIND R. S.KRISHNA MOHAN DAS A. ## RESPONDENT: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. (SHO, POZHIYOOR POLICE STATION, KOLLAM) BY ADV PP: M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.01.2023, ALONG WITH Bail Appl..1716/2021, 1838/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA Nos.1716, 1838 & 7402 of 2021 .. 5 .. ## **VIJU ABRAHAM, J.** = = = = = = = = = = = = = = = = = = **B.A. Nos.1716, 1838 & 7402 of 2021** = = = = = = = = = = = = = = = = = = = Dated this the 17[th] day of January, 2023 ## **O R D E R** These are applications for anticipatory bail. 2. BA No.1716/2021 is filed by the 3[rd] accused whereas BA No.1838/2021 is filed by the 4[th] accused whereas BA No.7402/2021 is filed by accused Nos.5, 6, 7, 9, 10, 11, 12 ,13 & 15 in Crime No.756/2018 of Pozhiyoor Police Station, Thiruvananthapuram alleging commission of offences punishable under Sections 409, 420, 465, 468, 471 r/w Section 34 of the IPC. 3. The prosecution allegation is that, the accused has caused misappropriation of funds of the bank and thereby caused huge loss to the bank and thereby the accused have committed the said offences. 4. It is seen that the present crime has been registered as early as in 2018 and in the present bail applications, there is already an order, not to arrest the petitioners. 5. The learned Public Prosecutor opposed the BA Nos.1716, 1838 & 7402 of 2021 .. 6 .. applications for bail and brought to my notice Anx.2 – common order in BA Nos.5265/2018 and 5369/2018, wherein the petitioners are directed to surrender before the investigation officer and seek for bail. A perusal of the order revealed that it was also made clear by the Court that the investigation officer is under no obligation to wait for the surrender of the petitioners and even though the bail order was passed as early as on 2018, there is no attempt to arrest the petitioners in connection with the above said crime till 2021, and the petitioners have approached this Court by filing the present bail applications, in which there is an order ‘not to arrest’ the petitioners. 6. Having regard to the facts and circumstances of the case and considering the fact that this is a crime of 2018, I am of the opinion that custodial interrogation may not be required for the purpose of the investigation and only a limited custody be granted for the same. In the result, these applications are allowed. It is directed that the petitioners shall surrender before the investigating officer on 20.01.2023, at 11 a.m, and subject themselves for interrogation on that day and on any other day/days (between 9.00 am and 6.00 pm) as directed by the investigating officer. The petitioners shall co-operate with the BA Nos.1716, 1838 & 7402 of 2021 .. 7 .. investigation. In the event of arrest of the petitioners in Crime No.756/2018 of Pozhiyoor Police Station, Thiruvananthapuram, they shall be produced before the jurisdictional Court on the very same day and shall be released on bail, subject to the following conditions:- (i) Petitioners shall execute 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 jurisdictional court ; (ii) The petitioners shall appear before the investigating officer in Crime No.756/2018 of Pozhiyoor Police Station, Thiruvananthapuram, on every Saturday, at 11 am, until the filing of the final report; (iii) Petitioners shall appear before the investigating officer in Crime No.756/2018 of Pozhiyoor Police Station, Thiruvananthapuram as and when summoned to do so; (iv) The petitioners shall not attempt to (contact the victim or the _defacto_ complainant) or interfere with the investigation or to influence or intimidate BA Nos.1716, 1838 & 7402 of 2021 .. 8 .. any witness in Crime No.756/2018 of Pozhiyoor Police Station, Thiruvananthapuram; (v) The petitioners shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the investigating officer in Crime No.756/2018 of Pozhiyoor Police Station, Thiruvananthapuram may file an application before the jurisdictional Court, for cancellation of bail. It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by any of the petitioners, even when the petitioners are on bail as per the judgment of the Apex Court in **Sushila Aggarwal and others v. State (NCT of Delhi) and another** [2020 (1) KHC 663]. ## **Sd/-** **VIJU ABRAHAM, JUDGE** ded/17.01.2023