Praveen K.P. @ Praveen Rana v. State of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P. V. Kunhikrishnan
Judgment Date: 2023-05-05
Court Decision / Holding: The bail applications are allowed. The petitioner is to be released on bail on executing a bond of Rs.50,000 with two solvent sureties for similar amounts. The petitioner must appear before the Investigating Officer as required, cooperate with the investigation, not indulge in inducement or threats, shall not leave India without permission of the jurisdictional court, and shall not commit a similar offence. If any condition is violated, the court may cancel the bail in accordance with law.
Final Disposition: Bail granted; petitions allowed with conditions.

Parties to the Case

Appellants / Petitioners

Mr. Praveen K.P. alias Praveen Rana, aged 37 years, S/o K.K. Pushkaran, Kaippilly House, Veluthur, Thrissur - 680012

Respondents

The State of Kerala represented by the Public Prosecutor, High Court of Kerala, Ernakulam
The Investigating Officer, Crime Branch EOW, Thrissur

Legal Representation & Advocates

Counsels for Petitioners

• P. Martin Jose
• Manjunath Menon
• Harikrishnan S.
• S. Sreekumar (Sr.)

Counsels for Respondents

• SMT. Nima Jacob (P.P.)

Case Synopsis & Summary

A consolidated High Court of Kerala order on six bail applications filed by Praveen K.P. alias Praveen Rana in matters registered by CBCID Thrissur. The petitions, numbered 3052, 3054, 3057, 3061, 3063 and 3255 of 2023, involve offences under IPC sections 406 and 420 and the BUDS Act, with the Investigating Officer of the Crime Branch EOW also party to the proceedings. Heard on 5 May 2023 by Justice P. V. Kunhikrishnan, the matter centered on whether the petitioner should be granted statutory bail given that the investigation was not complete. Counsel for both sides submitted that the investigation was ongoing and that the petitioner was entitled to statutory bail; the court relied on established bail jurisprudence, notably the principle that bail is the rule and jail the exception, and on the Supreme Court decision in Chidambaram P. v Directorate of Enforcement (2019) to frame the disposition. The court ultimately allowed the bail applications with standard conditions: bond of Rs 50,000 with two solvent sureties, appearance before the IO as required, no inducement or threats, no travel abroad without permission, and a prohibition on committing similar offences. A breach of conditions would empower the court to cancel bail. The orders reflect a cautious, rights-protective approach balancing ongoing investigations with liberty interests.

Provisions of Law Cited

Section 406 IPCSection 420 IPCBUDS Act, 2019 (Banning of Unregulated Deposit Schemes Act, 2019)

Legal Doctrines & Maxims

Bail is the rule and jail is the exception
Chidambaram P v Directorate of Enforcement, 2019 (16) SCALE 870

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner’s counsel urged that investigation in the connected cases is not complete and that the petitioner is entitled to statutory bail. Relying on the long-standing principle that bail is the rule and jail the exception, they sought bail while ensuring cooperation with the investigation. They also invoked the Supreme Court’s guidelines in Chidambaram P. v Directorate of Enforcement to justify granting bail in the ongoing investigation.

Contentions of Respondents

The Public Prosecutor aligned with the contention that investigation is not complete but supported the statutory bail framework under the circumstances, emphasizing the necessity to balance the rights of the accused with the state’s interest in a fair and timely investigation.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Chidambaram P. v. Directorate of Enforcement	2019 (16) SCALE 870	Positive	Cited as controlling authority establishing the bail-rule principle and guiding the court to grant bail in the context of ongoing investigations.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 5[TH] DAY OF MAY 2023 / 15TH VAISAKHA, 1945 ``` ``` BAIL APPL. NO. 3052 OF 2023 ``` ``` CRIME NO.114/2023 OF CBCID, THRISSUR, Thrissur AGAINST TCRMP 2706/2023 OF JUDICIAL MAGISTRATE OF FIRST ``` ``` CLASS - I, OTTAPPALAM ``` ## **`PETITIONER/ACCUSED:`** ``` MR.PRAVEEN K.P. @ PRAVEEN RANA, AGED 37 YEARS S/O.K.K.PUSHKARAN, KAIPPILLY HOUSE, VELUTHUR, THRISSUR -, PIN - 680012 BY ADVS. P.MARTIN JOSE MANJUNATH MENON HARIKRISHNAN S. S.SREEKUMAR (SR.) ``` ## **`RESPONDENTS/STATE & COMPLAINANT:`** ``` 1THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI -, PIN - 682031 2THE INVESTIGATING OFFICER, CRIME BRANCH EOW, THRISSUR, PIN – 680001 BY SMT.NIMA JACOB (P.P.) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.No.3052/2023 & con. cases 2 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 5[TH] DAY OF MAY 2023 / 15TH VAISAKHA, 1945 BAIL APPL. NO. 3054 OF 2023 CRIME NO.113/2023 OF CB, EOW, Thrissur AGAINST THE ORDER IN CRMP 2707/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, OTTAPPALAM ``` ## **`PETITIONER/ACCUSED:`** ``` MR.PRAVEEN K.P. @ PRAVEEN RANA, AGED 37 YEARS S/O.K.K.PUSHKARAN, KAIPPILLY HOUSE, VELUTHUR, THRISSUR -, PIN - 680012 BY ADVS. P.MARTIN JOSE MANJUNATH MENON HARIKRISHNAN S. S.SREEKUMAR (SR.) ``` ## **`RESPONDENTS/STATE & COMPLAINANT:`** ``` 1THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI -, PIN - 682031 2THE INVESTIGATING OFFICER, CRIME BRANCH EOW, THRISSUR, PIN – 680001 BY SMT.NIMA JACOB (P.P.) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.No.3052/2023 & con. cases 3 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 5[TH] DAY OF MAY 2023 / 15TH VAISAKHA, 1945 BAIL APPL. NO. 3057 OF 2023 CRIME NO.98/2023 OF CB EOW, THRISSUR, AGAINST THE ORDER IN CRMP 2711/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, OTTAPPALAM ``` ## **`PETITIONER/ACCUSED:`** ``` MR.PRAVEEN K.P. @ PRAVEEN RANA, AGED 37 YEARS S/O.K.K.PUSHKARAN, KAIPPILLY HOUSE, VELUTHUR, THRISSUR -, PIN - 680012 BY ADVS. P.MARTIN JOSE MANJUNATH MENON HARIKRISHNAN S. S.SREEKUMAR (SR.) ``` ## **`RESPONDENTS/STATE & COMPLAINANT:`** ``` 1THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI -, PIN - 682031 ``` ``` 2THE INVESTIGATING OFFICER, CRIME BRANCH EOW, THRISSUR, PIN – 680001 BY SMT.NIMA JACOB (P.P.) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.No.3052/2023 & con. cases 4 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 5[TH] DAY OF MAY 2023 / 15TH VAISAKHA, 1945 BAIL APPL. NO. 3061 OF 2023 CRIME NO.95/2023 OF CB EOW, THRISSUR, AGAINST THE ORDER IN CRMP 2712/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, OTTAPPALAM ``` ## **`PETITIONER/ACCUSED:`** ``` MR.PRAVEEN K.P. @ PRAVEEN RANA, AGED 37 YEARS S/O.K.K.PUSHKARAN, KAIPPILLY HOUSE, VELUTHUR, THRISSUR -, PIN - 680012 BY ADVS. P.MARTIN JOSE MANJUNATH MENON HARIKRISHNAN S. S.SREEKUMAR (SR.) ``` ## **`RESPONDENTS/STATE & COMPLAINANT:`** ``` 1THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - ., PIN - 682031 ``` ``` 2THE INVESTIGATING OFFICER, CRIME BRANCH EOW, THRISSUR, PIN – 680001 BY SMT.NIMA JACOB (P.P.) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.No.3052/2023 & con. cases 5 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 5[TH] DAY OF MAY 2023 / 15TH VAISAKHA, 1945 BAIL APPL. NO. 3063 OF 2023 CRIME NO.97/2023 OF CB EOW, THRISSUR, AGAINST THE ORDER IN CRMP 2710/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, OTTAPPALAM ``` ## **`PETITIONER/ACCUSED:`** ``` MR.PRAVEEN K.P. @ PRAVEEN RANA, AGED 37 YEARS S/O.K.K.PUSHKARAN, KAIPPILLY HOUSE, VELUTHUR, THRISSUR -, PIN - 680012 BY ADVS. P.MARTIN JOSE MANJUNATH MENON HARIKRISHNAN S. S.SREEKUMAR (SR.) ``` ## **`RESPONDENTS/STATE & COMPLAINANT:`** ``` 1THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI -, PIN - 682031 ``` ``` 2THE INVESTIGATING OFFICER, CRIME BRANCH EOW, THRISSUR,, PIN – 680001 BY SMT.NIMA JACOB (P.P.) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.No.3052/2023 & con. cases 6 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 5[TH] DAY OF MAY 2023 / 15TH VAISAKHA, 1945 BAIL APPL. NO. 3255 OF 2023 CRIME NO.110/2023 OF CB EOW, THRISSUR, AGAINST THE ORDER IN CRMP 2709/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, OTTAPPALAM ``` ## **`PETITIONER/ACCUSED:`** ``` MR.PRAVEEN K.P. @ PRAVEEN RANA, AGED 37 YEARS S/O.K.K.PUSHKARAN, KAIPPILLY HOUSE, VELUTHUR, THRISSUR -, PIN - 680012 BY ADVS. P.MARTIN JOSE HARIKRISHNAN S. MANJUNATH MENON S.SREEKUMAR (SR.) ``` ## **`RESPONDENTS/STATE & COMPLAINANT:`** ``` 1THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI -, PIN - 682031 ``` ``` 2INVESTIGATING OFFICER, CRIME BRANCH,EOW,THRISSUR, PIN – 680001 BY SMT.NIMA JACOB (P.P.) ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.No.3052/2023 & con. cases 7 ## **P.V.KUNHIKRISHNAN, J** -------------------------------B.A.Nos.3052, 3054, 3057, 3061, 3063 & 3255 of 2023 ------------------------------Dated this the 05[th] day of May, 2023 ## **O R D E R** These bail applications are filed by the same person. The petitioner is involved in several cases. These cases were registered alleging offence under Sections 406 & 420 of Indian Penal Code (I.P.C.) and offence under the Banning of Unregulated Deposit Schemes Act, 2019 (BUDS Act) is also alleged in certain cases. 2. Today when the matter came up for consideration, the learned counsel for the petitioner and the learned Public Prosecutor submitted that the investigation is not complete and the petitioner is entitled to statutory bail. In such circumstances, B.A.No.3052/2023 & con. cases 8 these bail applications can be allowed. 3. Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in **Chidambaram. P v Directorate of Enforcement (2019 (16) SCALE 870** ), after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial. 4. Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed with the following directions: 1. Petitioner shall be released on bail on B.A.No.3052/2023 & con. cases 9 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 jurisdictional Court. 2. The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise 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. 3. Petitioner shall not leave India without permission of the jurisdictional Court. 4. Petitioner shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which he is suspected. B.A.No.3052/2023 & con. cases 10 ## 5. If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. Sd/- ## **P.V.KUNHIKRISHNAN, JUDGE** Skk/0305//05052023