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. 1624 OF 2024** **CRIME NO.10/2024 OF Museum Police Station, Thiruvananthapuram PETITIONER/S:** **PRAVEEN CHANDRAN , AGED 35 YEARS BNRA C 17,BHAGAVATHY NAGAR ,OPP UDAYA COTTAGE KOWDIAR VILLAGE ,FROM MOHANAM,KAKKOTTUVILA ,NEAR KALIYAKVILA POLICE STATION KUZITHURA POST OFFICE KANYAKUMARI DISTRICT TAMIL NADU, 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 SEETHA S** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** BAIL APPL. NO. 1624 OF 2024 2 ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the 2[nd] accused in Crime No.10/2024 of the Museum Police Station, Thiruvananthapuram, registered against the accused (two 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 13.02.2024 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.2,37,000/- as fixed deposit for two years by promising him interest @ 9.5% per annum. However, when the defacto complainant approached the BAIL APPL. NO. 1624 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.Seetha S., 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 13.02.2024, that the investigation in the case is practically complete and recovery has been effected. Hence, the application may be allowed. BAIL APPL. NO. 1624 OF 2024 4 5. The learned Public Prosecutor opposed the 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 13.02.2024, 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 BAIL APPL. NO. 1624 OF 2024 5 application. 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 BAIL APPL. NO. 1624 OF 2024 6 he is on bail; - (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 BAIL APPL. NO. 1624 OF 2024 7 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 Anr.** [2020 (1) KHC 663]. sd/- rkc/14.03.24 **C.S.DIAS, JUDGE** BAIL APPL. NO. 1624 OF 2024 8 ## **APPENDIX OF BAIL APPL. 1624/2024** ## **PETITIONER ANNEXURES** **Annexure A1 THE TRUE COPY OF THE SAID ORDER IN CRIMINAL M.P. 1773/24 DATED 21.2.2024 Annexure A2 THE TRUE COPY OF THE MEDICAL PRESCRIPTION DATED 18.12.21 ISSUED TO THE PETITIONER**