Issac N. A v. State of Kerala

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` THURSDAY, THE 25[TH] DAY OF APRIL 2024 / 5TH VAISAKHA, 1946 BAIL APPL.NO.3602 OF 2024 ``` ``` CRIME NO.204/2024 OF Ernakulam Central Police Station, ``` ## **`Ernakulam`** ``` -------------- ``` ``` PETITIONER/ACCUSED No.2 :- ``` ``` ISSAC N. A, AGED 73 YEARS S/O N.I ABRAHAM, NEDUMPILLIL HOUSE, EDAYAR P.O, KOOTHATTUKULAM, ERNAKULAM, PIN - 686 662 ``` ``` BY ADVS. THOMAS J.ANAKKALLUNKAL ANUPA ANNA JOSE KANDOTH JAYARAMAN S. DHANYA SUNNY ANN MILKA GEORGE ``` ## **`RESPONDENT/STATE & COMPLAINANT :-`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031. ``` ``` BY SMT.NEEMA T.V., SR.PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL.NO.3602 OF 2024 ``` ``` -: 2 :- ``` ## **O R D E R Dated this the 25th day of April, 2024** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the second accused in Crime No.204/2024 of Central Police Station, Ernakulam, registered against the accused for allegedly committing the offences punishable under Sections 406 and 420 of the Indian Penal Code. The petitioner was arrested on 08.3.2024. 2. The crux of the prosecution case is that; the accused, who was the owner of Nedumpillil Finance Company Limited, had assured the de facto complainant that they would give 12% interest on Fixed Deposits. Accordingly, they received a total amount of Rs.15,00,000/from the de facto complainant. However, the accused paid interest only till May, 2023 and thereafter, failed to pay any amount. Thus, the accused has committed the offences. ``` BAIL APPL.NO.3602 OF 2024 ``` ``` -: 3 :- ``` 3. Heard; Sri.Thomas J. Anakkallunkal, learned counsel appearing for the petitioner and Smt. Neema T. V., learned Senior Public Prosecutor. 4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime. A reading of Annexure A1 FIR would substantiate that the above offences are not attracted. By Annexure A6 common order, this Court has already enlarged another accused in the same crime on bail. The petitioner is entitled to the benefit of a similar order. The petitioner has been in judicial custody since 08.3.2024, the investigation is practically complete and recovery has been effected. Hence, the application may be allowed. 5. The learned Public Prosecutor opposed the application. She submitted that the investigation is in progress. She also stated that the petitioner is involved in several other crimes. Nonetheless, she conceded to the fact that, by Annexure A6 order, this Court has already ``` BAIL APPL.NO.3602 OF 2024 ``` ``` -: 4 :- ``` enlarged the other accused in the crime on bail. Hence, the application may be dismissed. 6. On an evaluation of the materials on record, it can be gathered that by Annexure A6 order dated 19.04.2024, this Court has already enlarged the first accused in the above crime on bail. 7. The fact remains that the petitioner has been in judicial custody since 08.03.2024, the investigation is practically complete and recovery is effected. 8. In **Sanjay Chandra** v. **CBI** [2012 1 SCC 40], the Honourable Supreme Court has categorically held that the fundamental postulate of criminal jurisprudence is the presumption of innocence until a person is found guilty. Any imprisonment prior to conviction is to be considered as punitive and it would be improper on the part of the Court to refuse bail solely on the ground of former conduct. 9. In **Dataram Singh** v. **State of U.P.** , [(2018) 3 SCC 22] the Honourable Supreme Court observed that ``` BAIL APPL.NO.3602 OF 2024 ``` ``` -: 5 :- ``` grant of bail is a rule and putting a person in jail is an exception. Even though the grant of bail is entirely the discretion of the court, it has to be evaluated based on the facts and circumstances of each case and the discretion has to be exercised in a judicious and compassionate manner. 10. The principle that bail is the rule and jail is an exception is the touch stone of Article 21 of the Constitution of India. Once the charge sheet is filed, a strong case has to be made out for continuing a person in judicial custody. The right to bail cannot be denied merely due to the sentiments of the society. 11. After bestowing my anxious consideration to the facts, the rival submissions made across the Bar and the materials placed on record, especially on considering the fact that the another accused in the same crime has been enlarged on bail by this Court by Annexure A6 order, that the petitioner has been in judicial custody since 08.3.2024, the investigation is practically complete and recovery is ``` BAIL APPL.NO.3602 OF 2024 ``` ``` -: 6 :- ``` effected, I am of the definite view that the petitioner's further detention is unnecessary. Hence, I am inclined to allow the application, but subject to conditions. In the result, the application is allowed, by directing the petitioner to be released on bail on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) 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 on - Investigating Officer every Saturday between 9 a.m. and 11 a.m till the final report is laid. He shall also 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; ``` BAIL APPL.NO.3602 OF 2024 ``` ``` -: 7 :- ``` - (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 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** Jvt/25.4.2024 ``` BAIL APPL.NO.3602 OF 2024 ``` ## `-: 8 :-` ## **`APPENDIX OF BAIL APPL. 3602/2024`** ## **`PETITIONER ANNEXURES :-`** ``` Annexure A1A TRUE COPY OF THE FIR IN CRIME NO. 204/2024 OF CENTRAL POLICE STATION, ERNAKULAM Annexure A2TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 25.09.2002 ISSUED BY THE RESERVE BANK OF INDIA Annexure A3TRUE COPY OF THE LETTER DATED 22.11.2022 ISSUED BY THE RESERVE BANK OF INDIA CANCELLING THE CERTIFICATE OF REGISTRATION OF THE PETITIONERS' COMPANY ``` ``` Annexure A4A TRUE COPY OF THE ORDER 06.12.2022 OF THE HON'BLE HIGH COURT OF KERALA IN W.P(C) NO. 39368/2022 Annexure A5A TRUE COPY OF THE ORDER DATED 24.07.2023 IN W.P(C) NO. 23932/2023 OF THE HON'BLE HIGH COURT OF KERALA Annexure A6TRUE COPY OF THE ORDER DATED 19.04.2024 IN B.A 2689/2024 OF THIS HON'BLE COURT ```