High Court of KeralaSingle Judge2023-01-23Granted anticipatory bail in all listed bail ap...

PRADEEPKUMAR K vs STATE OF KERALA

Case / Petition Number:Bail Appln Nos. 10048/2022, 9999/2022, 10009/2022, 10020/2022, 10025/2022, 10029/2022, 10046/2022, 10049/2022, 10052/2022, 10054/2022, 10058/2022, 10060/2022, 10065/2022, 10066/2022, 10076/2022, 10103/2022; Crime Nos. 608/2022, 588/2022, 586/2022, 590/2022, 591/2022, 592/2022, 610/2022, 612/2022, 761/2022, 614/2022, 618/2022, 609/2022, 613/2022, 615/2022, 611/2022, 607/2022 (CUSBA Police Station, Kozhikode)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: VIJU ABRAHAM
Judgment Date: 2023-01-23
Court Decision / Holding: These applications are allowed. The petitioners are granted anticipatory bail in the listed crimes with stringent conditions. They shall surrender before the Investigating Officer on 28.01.2023 at 11:00 AM and shall cooperate with the investigation, remaining available for interrogation on the specified days. If arrested, they shall be released on bail subject to conditions including bond, appearance on Saturdays, reporting as required, not influencing witnesses, and refraining from involvement in other crimes. The judgment cites Sushila Aggarwal v. State (NCT of Delhi) and others to support the police's authority to investigate and recover even when bail is in force.
Final Disposition: Granted anticipatory bail in all listed bail applications; subject to conditions and surrender for interrogation as directed; further compliance with conditions as specified in the order.

Parties to the Case

Appellants / Petitioners

PRADEEPKUMAR K

Respondents

STATE OF KERALA represented by Public Prosecutor, High Court of Kerala, Ernakulam

Legal Representation & Advocates

Counsels for Petitioners

• Adv. VIJAYAKUMARI

Counsels for Respondents

• SMT. NIMA JACOB (PP)
• SMT. SEETHA S. (PP)
• SRI. M.C. ASHI (PP)

Case Synopsis & Summary

This is a consolidated anticipatory bail order passed by the Kerala High Court, Ernakulam, by Justice Viju Abraham, dated 23 January 2023, concerning multiple bail applications filed by the petitioner accused in a string of cases arising from the Kasaba Police Station, Kozhikode. The petitions seek anticipatory bail in connection with crimes registered under IPC sections 420, 465, 468 and 471 for allegedly forging documents to obtain loans from KSFE and related financial instruments. The accused, a purported KSFE valuer and others, contend false implication and stress that many steps in loan processing involve KSFE officers and other valuer/branch personnel; they claim they acted within the scope of their roles and that they are ready to cooperate with investigation. The Court notes that the series of complaints involves a common modus operandi—production of forged documents and fake encumbrance/plan certificates to secure loans. It highlights that the petitioners were in custody for variable periods but asserts their willingness to cooperate. After evaluating the nature of the allegations and the need to balance investigation with personal liberty, the Court grants anticipatory bail in these connected cases with stringent conditions, and directs surrender for interrogation on 28 January 2023 or as directed, while allowing continued bail subject to compliance with conditions.

Provisions of Law Cited

Sections 420, 465, 468 and 471 of the Indian Penal Code

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that he has been falsely implicated in a cluster of crimes under the Kasaba Police Station. He explains that he is an approved valuer for KSFE, not the decision-maker for loan sanctions, and that valuation is carried out under the branch manager’s supervision. The deponent asserts he valued properties in the presence of complainants, and that he had no prior acquaintance with the main accused. He argues there is no direct evidence that he forged documents or manipulated the plan; he was detained briefly but has cooperated with investigators and remains willing to do so. He emphasizes that conditional bail is appropriate given the absence of a direct link to illicit activities beyond his professional role, and points to the comparable handling of similar cases. He requests protection against coercion and interference with witnesses and asserts readiness to appear for interrogation as required.

Contentions of Respondents

The State submits that the crimes involve a serious degree of dishonesty, forged documents, and manipulation of property records to obtain KSFE loans. It contends that the petitioner's role as a valuer, involved in assessing property value, raises concerns about possible collusion and influence over the loan process. The State notes the scale and serial nature of the alleged offences, the likelihood of tampering with evidence, and reiterates the need to maintain strict supervision during investigation. It points out the petitioner's custodial history and the ongoing investigations, justifying stringent conditions or denial of relief in some cases to ensure cooperation and prevent flight or interference with witnesses.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Sushila Aggarwal and others v. State (NCT of Delhi) and another	2020 (1) KHC 663	Positive	Court relies on the Apex Court's principle allowing police to continue investigation and effect recoveries even when the accused is on bail; the principle is applied to permit post-bail investigative 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 MONDAY, THE 16[TH] DAY OF JANUARY 2023 / 26TH POUSHA, 1944 BAIL APPL. NO. 10048 OF 2022 CRIME NO.608/2022 OF Kasaba Police Station, Kozhikode ``` ## **`PETITIONER/ACCUSED:`** ``` PRADEEPKUMAR K AGED 59 YEARS PRADEEPKUMAR.K, S/O BHASKARAN, ABHAYAM HOUSE, AVIKKAL ROAD, KOZHIKODE, KOZHIKODE-673522 PIN - 673522 BY ADV VIJAYAKUMARI ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN - 682031 ``` ``` BY SMT. NIMA JACOB (PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.01.2023, ALONG WITH Bail Appl..9999/2022, 10009/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` Bail Appln. Nos. 10048, 9999, 10009, 10020, 10025, 10029, 10046, 10049, 10052, 10054, 10058, 10060, 10065, 10066, 10076 & 10103 of 2022 2 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE VIJU ABRAHAM ``` ``` MONDAY, THE 16[TH] DAY OF JANUARY 2023 / 26TH POUSHA, 1944 BAIL APPL. NO. 9999 OF 2022 ``` ``` CRIME NO.586/2022 OF Kasaba Police Station, Kozhikode ``` ## **`PETITIONER/ACCUSED:`** ``` PRADEEP KUMAR.K AGED 59 YEARS S/O BHASKARAN, ABHAYAM, AVIKKAL ROAD, PAYYOLI, KOZHIKODE, PIN - 673522 ``` ``` BY ADV VIJAYAKUMARI ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 ``` ``` BY SMT. NIMA JACOB (PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.01.2023, ALONG WITH Bail Appl..10048/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` Bail Appln. Nos. 10048, 9999, 10009, 10020, 10025, 10029, 10046, 10049, 10052, 10054, 10058, 10060, 10065, 10066, 10076 & 10103 of 2022 3 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 16[TH] DAY OF JANUARY 2023 / 26TH POUSHA, 1944 BAIL APPL. NO. 10009 OF 2022 ``` ``` CRIME NO.590/2022 OF Kasaba Police Station, Kozhikode ``` ## **`PETITIONER/ACCUSED:`** ``` PRADEEPKUMAR.K AGED 59 YEARS PRADEEPKUMAR.K, S/O BHASKARAN, ABHAYAM HOUSE, AVIKKAL ROAD, KOZHIKODE, KOZHIKODE-673522 PIN - 673522 BY ADV VIJAYAKUMARI ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN - 682031 BY SMT. NIMA JACOB (PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.01.2023, ALONG WITH Bail Appl..10048/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` Bail Appln. Nos. 10048, 9999, 10009, 10020, 10025, 10029, 10046, 10049, 10052, 10054, 10058, 10060, 10065, 10066, 10076 & 10103 of 2022 4 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 16[TH] DAY OF JANUARY 2023 / 26TH POUSHA, 1944 BAIL APPL. NO. 10020 OF 2022 ``` ## **`PETITIONER/ACCUSED:`** ``` PRADEEP KUMAR K AGED 59 YEARS PRADEEPKUMAR.K, S/O BHASKARAN, ABHAYAM HOUSE, AVIKKAL ROAD, KOZHIKODE, KOZHIKODE-673522 PIN - 673522 BY ADV VIJAYAKUMARI ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN - 682031 BY SMT. NIMA JACOB (PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.01.2023, ALONG WITH Bail Appl..10048/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` Bail Appln. Nos. 10048, 9999, 10009, 10020, 10025, 10029, 10046, 10049, 10052, 10054, 10058, 10060, 10065, 10066, 10076 & 10103 of 2022 5 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 16[TH] DAY OF JANUARY 2023 / 26TH POUSHA, 1944 BAIL APPL. NO. 10025 OF 2022 ``` ``` CRIME NO.591/2022 OF Kasaba Police Station, Kozhikode ``` ## **`PETITIONER/ACCUSED:`** ``` PRADEEPKUMAR K AGED 59 YEARS S/O BHASKARAN, ABHAYAM HOUSE, AVIKKAL ROAD, OZHIKODE, KOZHIKODE-673522, PIN - 673522 BY ADV VIJAYAKUMARI ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN - 673522 BY SMT. SEETHA S. (PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.01.2023, ALONG WITH Bail Appl..10048/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` Bail Appln. Nos. 10048, 9999, 10009, 10020, 10025, 10029, 10046, 10049, 10052, 10054, 10058, 10060, 10065, 10066, 10076 & 10103 of 2022 6 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 16[TH] DAY OF JANUARY 2023 / 26TH POUSHA, 1944 BAIL APPL. NO. 10029 OF 2022 ``` ``` CRIME NO.592/2022 OF Kasaba Police Station, Kozhikode ``` ## **`PETITIONER/ACCUSED:`** ``` PRADEEPKUMAR.K AGED 59 YEARS S/O BHASKARAN, ABHAYAM HOUSE, AVIKKAL ROAD, KOZHIKODE, KOZHIKODE-673522 PIN - 673522 BY ADV VIJAYAKUMARI ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN - 682031 BY SMT. NIMA JACOB (PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.01.2023, ALONG WITH Bail Appl..10048/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` Bail Appln. Nos. 10048, 9999, 10009, 10020, 10025, 10029, 10046, 10049, 10052, 10054, 10058, 10060, 10065, 10066, 10076 & 10103 of 2022 7 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 16[TH] DAY OF JANUARY 2023 / 26TH POUSHA, 1944 BAIL APPL. NO. 10046 OF 2022 ``` ``` CRIME NO.610/2022 OF Kasaba Police Station, Kozhikode ``` ## **`PETITIONER/ACCUSED:`** ``` PRDEEPKUMAR K AGED 59 YEARS S/O BHASKARAN, ABHAYAM HOUSE, AVIKKAL ROAD, KOZHIKODE, KOZHIKODE-673522 PIN - 673522 BY ADV VIJAYAKUMARI ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN - 682031 BY SMT. SEETHA S. (PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.01.2023, ALONG WITH Bail Appl..10048/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` Bail Appln. Nos. 10048, 9999, 10009, 10020, 10025, 10029, 10046, 10049, 10052, 10054, 10058, 10060, 10065, 10066, 10076 & 10103 of 2022 8 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 16[TH] DAY OF JANUARY 2023 / 26TH POUSHA, 1944 BAIL APPL. NO. 10049 OF 2022 ``` ``` CRIME NO.607/2022 OF Kasaba Police Station, Kozhikode ``` ## **`PETITIONER/ACCUSED:`** ``` PRADEEPKUMAR.K AGED 59 YEARS PRADEEPKUMAR.K, S/O BHASKARAN, ABHAYAM HOUSE, AVIKKAL ROAD, KOZHIKODE, KOZHIKODE-673522 PIN - 673522 BY ADV VIJAYAKUMARI ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN - 682031 BY SMT. NIMA JACOB (PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.01.2023, ALONG WITH Bail Appl..10048/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` Bail Appln. Nos. 10048, 9999, 10009, 10020, 10025, 10029, 10046, 10049, 10052, 10054, 10058, 10060, 10065, 10066, 10076 & 10103 of 2022 9 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 16[TH] DAY OF JANUARY 2023 / 26TH POUSHA, 1944 BAIL APPL. NO. 10052 OF 2022 CRIME NO.612/2022 OF Kasaba Police Station, Kozhikode ``` ## **`PETITIONER/ACCUSED:`** ``` PRADEEPKUMAR.K AGED 59 YEARS S/O BHASKARAN, ABHAYAM HOUSE, AVIKKAL ROAD, KOZHIKODE, KOZHIKODE-673522 PIN - 673522 BY ADV VIJAYAKUMARI ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-.682031, PIN - 682031 BY SRI. M.C. ASHI (PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.01.2023, ALONG WITH Bail Appl..10048/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` Bail Appln. Nos. 10048, 9999, 10009, 10020, 10025, 10029, 10046, 10049, 10052, 10054, 10058, 10060, 10065, 10066, 10076 & 10103 of 2022 10 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 16[TH] DAY OF JANUARY 2023 / 26TH POUSHA, 1944 BAIL APPL. NO. 10054 OF 2022 ``` ``` CRIME NO.761/2022 OF Kasaba Police Station, Kozhikode ``` ## **`PETITIONER/ACCUSED:`** ``` PRADEEP KUMAR K AGED 59 YEARS S/O BHASKARAN, ABHAYAM HOUSE, AVIKKAL ROAD, KOZHIKODE, KOZHIKODE-673522 PIN - 673522 BY ADV VIJAYAKUMARI ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN - 682031 BY SRI. M.C. ASHI (PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.01.2023, ALONG WITH Bail Appl..10048/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` Bail Appln. Nos. 10048, 9999, 10009, 10020, 10025, 10029, 10046, 10049, 10052, 10054, 10058, 10060, 10065, 10066, 10076 & 10103 of 2022 11 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 16[TH] DAY OF JANUARY 2023 / 26TH POUSHA, 1944 BAIL APPL. NO. 10058 OF 2022 ``` ``` CRIME NO.618/2022 OF Kasaba Police Station, Kozhikode ``` ## **`PETITIONER/ACCUSED:`** ``` PRADEEPKUMAR.K AGED 59 YEARS S/O BHASKARAN, ABHAYAM HOUSE, AVIKKAL ROAD, KOZHIKODE, KOZHIKODE-673522 PIN - 673522 BY ADV VIJAYAKUMARI ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN - 682031 BY SMT. NIMA JACOB (PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.01.2023, ALONG WITH Bail Appl..10048/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` Bail Appln. Nos. 10048, 9999, 10009, 10020, 10025, 10029, 10046, 10049, 10052, 10054, 10058, 10060, 10065, 10066, 10076 & 10103 of 2022 12 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 16[TH] DAY OF JANUARY 2023 / 26TH POUSHA, 1944 BAIL APPL. NO. 10060 OF 2022 ``` ``` CRIME NO.614/2022 OF Kasaba Police Station, Kozhikode ``` ## **`PETITIONER/ACCUSED:`** ``` PRADEEPKUMAR.K AGED 59 YEARS S/O BHASKARAN, ABHAYAM HOUSE, AVIKKAL ROAD, KOZHIKODE, KOZHIKODE-673522 PIN - 673522 BY ADV VIJAYAKUMARI ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN - 682031 BY SMT. NIMA JACOB (PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.01.2023, ALONG WITH Bail Appl..10048/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` Bail Appln. Nos. 10048, 9999, 10009, 10020, 10025, 10029, 10046, 10049, 10052, 10054, 10058, 10060, 10065, 10066, 10076 & 10103 of 2022 13 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 16[TH] DAY OF JANUARY 2023 / 26TH POUSHA, 1944 BAIL APPL. NO. 10065 OF 2022 CRIME NO.609/2022 OF Kasaba Police Station, Kozhikode ``` ## **`PETITIONER/ACCUSED:`** ``` PRADEEPKUMAR K AGED 59 YEARS S/O BHASKARAN, ABHAYAM HOUSE, AVIKKAL ROAD, KOZHIKODE, KOZHIKODE-673522 PIN - 673522 BY ADV VIJAYAKUMARI ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN - 682031 BY SMT. SEETHA S. (PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.01.2023, ALONG WITH Bail Appl..10048/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` Bail Appln. Nos. 10048, 9999, 10009, 10020, 10025, 10029, 10046, 10049, 10052, 10054, 10058, 10060, 10065, 10066, 10076 & 10103 of 2022 14 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 16[TH] DAY OF JANUARY 2023 / 26TH POUSHA, 1944 BAIL APPL. NO. 10066 OF 2022 ``` ``` CRIME NO.613/2022 OF Kasaba Police Station, Kozhikode ``` ## **`PETITIONER/ACCUSED:`** ``` PRADEEPKUMAR.K AGED 59 YEARS S/O BHASKARAN, ABHAYAM HOUSE, AVIKKAL ROAD, KOZHIKODE, KOZHIKODE-673522 PIN - 673522 BY ADV VIJAYAKUMARI ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN - 682031 BY SMT. SEETHA S. (PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.01.2023, ALONG WITH Bail Appl..10048/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` Bail Appln. Nos. 10048, 9999, 10009, 10020, 10025, 10029, 10046, 10049, 10052, 10054, 10058, 10060, 10065, 10066, 10076 & 10103 of 2022 15 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 16[TH] DAY OF JANUARY 2023 / 26TH POUSHA, 1944 BAIL APPL. NO. 10076 OF 2022 ``` ``` CRIME NO.615/2022 OF Kasaba Police Station, Kozhikode ``` ## **`PETITIONER/ACCUSED:`** ``` PRADEEPKUMAR.K AGED 59 YEARS S/O BHASKARAN, ABHAYAM HOUSE, AVIKKAL ROAD, KOZHIKODE, KOZHIKODE-673522 PIN - 673522 BY ADV VIJAYAKUMARI ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN - 682031 BY SMT. SEETHA S. (PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.01.2023, ALONG WITH Bail Appl..10048/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` Bail Appln. Nos. 10048, 9999, 10009, 10020, 10025, 10029, 10046, 10049, 10052, 10054, 10058, 10060, 10065, 10066, 10076 & 10103 of 2022 16 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 16[TH] DAY OF JANUARY 2023 / 26TH POUSHA, 1944 BAIL APPL. NO. 10103 OF 2022 CRIME NO.611/2022 OF Kasaba Police Station, Kozhikode ``` ## **`PETITIONER/ACCUSED:`** ``` PRADEEPKUMAR.K AGED 59 YEARS S/O BHASKARAN, ABHAYAM HOUSE, AVIKKAL ROAD, KOZHIKODE, KOZHIKODE-673522 PIN - 673522 BY ADV VIJAYAKUMARI ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN - 682031 BY SRI. M.C. ASHI (PP) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.01.2023, ALONG WITH Bail Appl..10048/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` Bail Appln. Nos. 10048, 9999, 10009, 10020, 10025, 10029, 10046, 10049, 10052, 10054, 10058, 10060, 10065, 10066, 10076 & 10103 of 2022 17 **VIJU ABRAHAM , J. =========================== Bail Appln. Nos. 10020, 10048, 9999, 10009, 10025, 10029, 10046, 10049, 10052, 10054, 10058, 10060, 10065, 10066, 10076 & 10103 of 2022 ============================ Dated this the 23[rd] day of January, 2023** ## **O R D E R** These are applications for anticipatory bail. 2. In the above bail applications, petitioner is the accused in Crime Nos. 608/2022, 588/2022, 586/2022, 590/2022, 591/2022, 592/2022, 610/2022, 612/2022, 761/2022, 614/2022, 618/2022, 609/2022, 613/2022, 615/2022, 611/2022 & 607/2022 of CUSBA Police Station, Kozhikode district alleging commission of offences punishable under Sections 420, 465, 468 and 471 of the Indian Penal Code. 3. The essential allegation against the accused in these cases is that, they have forged documents and produced the same before KSFE and availed huge amounts as loan and thereby they have committed the offence. 4. The petitioner submits that he has been falsely implicated in the above said crimes. The real facts of the case is that, a group of people from Malappuram district joined for chitties in various Bail Appln. Nos. 10048, 9999, 10009, 10020, 10025, 10029, 10046, 10049, 10052, 10054, 10058, 10060, 10065, 10066, 10076 & 10103 of 2022 18 branches of KSFE in 2021. They themselves introduced as a business group involved in the field of fruits and vegetables and real estate. They paid the chitty installments promptly. It is known that to avail chitty loans they have produced all the relevant documents including original and prior documents, possession certificate, encumbrance certificate, location certificate, plan and sketch etc. All the documents were scutinized by the concerned officers at KSFE and has sent for legal scrutiny. After that, on the direction of the concerned branch manager, the petitioner collected the relevant documents from the same KSFE Branch Office and inspected the security property along with the Manager and the customer, to value it. As usual he asked questions to the customer and he enquired the market value there and valued the property. Identifying the property and checking the certificates of the property is not his job entrusted. It is the discretion of the KSFE to release loan to a customer based on the valuation. If the loan sanctioning authority feels that the valuation is high then another valuer will be appointed to value again. Then the average amount will be taken as valuation. If a property is valued at one Crore, then 50 lakhs will be given as loan. Above is the system adopted by the KSFE in issuing loans based on immovable property. There is no case that he valued the property at a higher Bail Appln. Nos. 10048, 9999, 10009, 10020, 10025, 10029, 10046, 10049, 10052, 10054, 10058, 10060, 10065, 10066, 10076 & 10103 of 2022 19 rate. Some other valuers are there in the KSFE to value the properties. He is one among them. Because the selection of valuer is the choice of the conerned manager. There is no case or allegation against him that he was recommended as valuer by the loanees or he himself sought permission to value the alleged properties. Within 4 months he valued some of the properties owned by the other accused as per the direction of the concerned Manager, Mavoor Road Branch and the Manager at Engapuzha. He is only an approved valuer of KSFE. He valued all the properties in the presence of the complainant. He had no previous acquaintance with the original culprits. The loan amount was transferred via RTGS to the personal account of the loanees. He is not aware about the forging of documents or any other things. The petitioner knew the news of cheating from the newspaper. It is also submitted that he was in custody from 16.10.2022 to 25.11.2022 and he was questioned at its length. No specific allegations was raised against him. He valued the property in accordance with the site plan produced by the parties. That plan was given to him by the complainant. So it cannot be inferred that he had intention to cheat KSFE authorities. It is further submitted that the petitioner was really under the custody of CUSBA Police for a long period. All the cases registered are similar in nature and Bail Appln. Nos. 10048, 9999, 10009, 10020, 10025, 10029, 10046, 10049, 10052, 10054, 10058, 10060, 10065, 10066, 10076 & 10103 of 2022 20 the allegation raised are same/identical. Annexure A1 reveals that the above crime was registered on 01.09.2022 and the petitioner was arrested and detained after 01.09.2022. It is also submitted that he is ready and willing to co-operate with the investigation and that he was thoroughly interrogated in the connected cases. 5. When the matter came up for consideration on earlier occasion, I have directed the petitioner to appear before the Investigating Officer and co-operate with the same. It was subsequently reported by the learned Public Prosecutor that petitioner has appeared, but has not fully co-operated with the investigation. Thereupon the learned counsel for the petitioner submitted that he is ready and willing to appear before the Investigating Officer and co-operate with the same. 6. Considering the facts and circumstances of the case and nature of allegation, I am inclined to grant pre-arrest bail to the petitioner, granting limited custody for the purpose of the investigation. In the result, these applications are allowed. The Petitioner shall surrender before the Investigating Officer in the above said crimes of CUSBA Police Station on 28.01.2023 at 11 AM and shall make himself available for interrogation on that day or any other Bail Appln. Nos. 10048, 9999, 10009, 10020, 10025, 10029, 10046, 10049, 10052, 10054, 10058, 10060, 10065, 10066, 10076 & 10103 of 2022 21 day/days (between 9 AM to 6 PM) as directed by the Investigating Officer. The petitioner shall co-operate with the investigation. In the event of arrest of the petitioner in the above said crimes of CUSBA Police Station, he shall be produced before the jurisdictional Court on the very same day and shall be released on bail subject to the following stringent conditions. - (i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the Jurisdictional Court; - (ii) The petitioner shall appear before the investigating officer in the above said crimes of CUSBA Police Station, on every Saturday at 11.00 a.m. until filing of the final report. - (iii) Petitioner shall report to the Investigating Officer as and when required for the investigation. - (iv) The petitioner shall not attempt to influence the defacto complainant or interfere with the investigation or to influence or intimidate any witness in the above said crimes of CUSBA Police Station; - (v) The petitioner shall not involve in any other crime while on bail. Bail Appln. Nos. 10048, 9999, 10009, 10020, 10025, 10029, 10046, 10049, 10052, 10054, 10058, 10060, 10065, 10066, 10076 & 10103 of 2022 **==> picture [13 x 9] intentionally omitted <==** If any of the aforesaid conditions are violated, the investigating officer in the above said crimes of CUSBA Police Station 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 the petitioner even when the petitioner is 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** sbk/-