Praveen Chandran v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE C.S.DIAS** **THURSDAY, THE 14[TH] DAY OF MARCH 2024 / 24TH PHALGUNA, 1945** **BAIL APPL. NO. 1626 OF 2024** **CRIME NO.272/2024 OF Museum Police Station, Thiruvananthapuram PETITIONER/S:** **PRAVEEN CHANDRAN, AGED 35 YEARS S/O MOHANCHANDRAN,BNRA C 17 BHAGAVATHY NAGAR, NEAR KALIYAAVILA POLICE STATION ,KUZITHURA POST OFFICE, KANYAKUMARI DISTRICT, TAMIL NADU STATE, PIN - 629163** ## **BY ADV NAVEEN RADHAKRISHNAN** ## **RESPONDENT/S:** **STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031** ## **OTHER PRESENT:** ## **SR PP SMT NEEMA T V** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** BAIL APPL. NO. 1626 OF 2024 2 ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the 3[rd] accused in Crime No.272/2024 of the Museum Police Station, Thiruvananthapuram, registered against the accused (three in number) for allegedly committing the offences punishable under Secs.406 and 420 of the Indian Penal Code (in short, 'IPC') and Sec. 5 of the Banning of Unregulated Deposit Schemes Act, 2019. The petitioner was arrested on 20.02.2024. 2. The crux of the prosecution case is that: the 1[st] accused is a Society and the 2[nd] accused is its Zonal Manager. The accused 1 and 2 in furtherance of their common intention had induced the defacto complainant to deposit Rs.3,00,000/- as fixed deposit in the Society for two years by promising him interest @ 9.5% per annum. However, when the defacto complainant approached the BAIL APPL. NO. 1626 OF 2024 3 accused to withdraw the money, he found that the Society was closed. The accused have failed to give any interest or return the principal. Thus, the accused have committed the above offences. 3. Heard; Sri.Naveen Radhakrishnan, the learned counsel appearing for the petitioner and Smt.Neema T.V., the learned Public Prosecutor. 4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusation leveled against him. He has been falsely implicated in the crime. Notwithstanding the other contentions raised in the bail application, the petitioner has been in judicial custody since 20.02.2024, that the investigation in the case is practically complete and recovery has been effected. Hence, the application may be allowed. 5. The learned Public Prosecutor opposed the BAIL APPL. NO. 1626 OF 2024 4 application. She submitted that the investigation is not complete. The petitioner is involved in another crime. If the petitioner is released on bail, there is every likelihood of him interfering with the investigation. Hence, the application may be dismissed. 6. On an anxious consideration of the facts, the rival submissions made across the Bar and the materials placed on record, especially taking into account the fact that the petitioner has been in judicial custody since 20.02.2024, that the offences alleged against the petitioner are all punishable for a period of less than ten years, that the investigation in the case is practically complete and recovery has been effected, I am of the view that the petitioner’s continued detention is unnecessary. Hence, I am inclined to allow the bail application. BAIL APPL. NO. 1626 OF 2024 5 In the result, the application is allowed, by directing the petitioner to be released on bail on him 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 Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of one month or till the final report is laid, whichever is earlier. 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. 1626 OF 2024 6 - (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) The petitioner shall furnish his present address and permanent address, and his mobile phone number to the court below and the Investigating Officer; - (vi) 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. - (vii) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below. - (viii) 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** BAIL APPL. NO. 1626 OF 2024 7 **Aggarwal v. State (NCT of Delhi) and Anr.** [2020 (1) KHC 663]. sd/- rkc/14.03.24 **C.S.DIAS, JUDGE** BAIL APPL. NO. 1626 OF 2024 8 ## **APPENDIX OF BAIL APPL. 1626/2024** ## **PETITIONER ANNEXURES** **Annexure A1** **THE TRUE COPY OF THE FIR IN 272 OF 2024 REGISTERED UNDER SECTIONS 406,420 AND SECTION 5 OF BANNING OF UNREGULATED DEPOSITS SCHEMES ACT 2019(BUDS ACT 2019) BY MUSEUM POLICE DTD 2.2.2024**