Praveen Menon and others v. State of Kerala

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 4[TH] DAY OF AUGUST 2023 / 13TH SRAVANA, 1945`** ## **`BAIL APPL. NO. 7214 OF 2022`** ## **`PETITIONER/S:`** - `1 PRAVEEN MENON, AGED 47 YEARS FLAT NO.39, POOJA NIWAS, BEHIND KAMATHE GARRAGE, KATRAJ, PUNE, PIN- 411046, PRESENTLY RESIDING AT A-4D, GARDEN COURT APARTMENTS, ALINCHUVADU, PALARIVATTOM, ERNAKULAM., PIN - 682024` - `2 BIBIN JOSE, AGED 32 YEARS, S/O JOSE DANIEL, CHELOOR ELDORADO APARTMENT, KAKKANAD, ERNAKULAM., PIN - 682030` - `3 MOHAMED FAHAD, AGED 32 YEARS, S/O ALI A.M, ALENAPARAMBIL HOUSE, CUSAT P.O, SOUTH KALAMASSERY, COCHIN., PIN - 682022` - `4 HAMRAJ CHOUHAN, S/O.TILOKA RAM, JADNUN KASUMBI, NAGAUR, RAJASTHAN., PIN - 341001 BY ADV MINI.V.A.` ## **`RESPONDENT/S:`** - `1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031` - `2 G. KANDAN ( SOUGHT TO BE IMPLEADED ) S/O GUNASEKARAN, SENIOR DEPUTY GENERAL MANAGER, M/S POLY PIPES INDIA PVT. LTD NO. 95, DR. ALAGAPPA ROAD, LAKSHMI SHANKARA, PURASAIWALKAM, CHENNAI ( SOUGHT TO BE IMPLEADED )` ``` BY ADVS. PUBLIC PROSECUTOR S.RAJEEV V.VINAY M.S.ANEER SARATH K.P. PRERITH PHILIP JOSEPH ``` ## **`OTHER PRESENT:`** ``` SRI. S.SREEKUMAR (SR.) SMT. MAYA M.N., PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON ``` ``` 04.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` -2- B.A.No. 7214 of 2022 ## **P.V.KUNHIKRISHNAN, J.** ====================================================== B.A.No. 7214 of 2022 ============================================================= Dated this the 4[th] day of August, 2023 ## **ORDER** Petitioners are the accused in Crime No.1171 of 2022 of Perumbavoor Police Station, Ernakulam. The above case is registered against the petitioners alleging offences punishable under Sections 406, 420 read with 34 IPC, on the basis of a petition received from one G.Kandan, Senior Deputy General Manager, M/s. Poly Pipes India Pvt. Ltd., Dr.Alagappa Road, Lakshmi Sankara Purasaiwaikam, Chennai, Tamil Nadu. 2. Based on the petition received, a preliminary enquiry was conducted by the Inspector of Police, Perumbavoor Police Station, as per the orders of the District Police Chief, Ernakulam Rural and the case was transferred to Crime Branch, Ernakulam Rural and the Crime Branch police have taken up the investigation on 20.09.2022. 3. M/s.Poly Pipes India Pvt. Ltd have many warehouses all over India. In Kerala, they have two warehouses situated at -3- B.A.No. 7214 of 2022 Marampally and Ponjassery. The 1[st] accused, Praveen Menon is working as sales manager and the 2[nd] and 3[rd] accused namely Bibin Jose and Mohammed Fahad are working as sales officers and the 4[th] accused Hamraj Chouhan is working as the warehouse -in -charge of both warehouses. While verifying the stock balance, the Company authorities found a stock difference for an amount of Rs.3,38,82,520/during the period from 01.04.2019 to 08.12.2022. It is the case of the prosecution that the accused persons illegally sold goods without the knowledge and consent of the Company and did not prepare any bill for these transactions. Hence, it is alleged that the accused committed the offences. 4. Heard Senior Counsel S.Sreekumar, instructed by his retaining counsel. I also heard the Public Prosecutor Smt.Maya N.M and also Adv.S.Rajeev, who appeared for the _de facto_ complainant. 5. The counsel for the petitioners reiterated the contentions raised in this bail application. The Public Prosecutor and the counsel appearing for the _de facto_ complainant opposed the bail application. -4- B.A.No. 7214 of 2022 6. When this bail application came up for consideration on 13.07.2023, this Court directed the petitioners to surrender before the investigating officer for interrogation. 7. Based on the above order, except the 2[nd] petitioner, others appeared before the investigating officer and the investigating officer interrogated the petitioners. But it is submitted that the petitioners did not cooperate with the investigation and the 2[nd] petitioner has not appeared before the investigating officer even after the order dated 13.07.2023. 8. This Court considered the contentions of the petitioners and the prosecution. It is true that the allegations against the petitioners are very serious. But the offences alleged against the petitioners are under Sections 406 and 420 read with 34 IPC. The case was registered in the year 2022. There was an interim order not to arrest the petitioners and that order is in force even now. The prosecution has not taken any steps to vacate that order. A perusal of the allegations against the petitioners would show that the evidence -5- B.A.No. 7214 of 2022 that is to be adduced are all oral and documentary evidences. Custodial interrogation of the petitioners may not be necessary in this case. The petitioners can be directed to appear before the investigating officer and cooperate with the investigation. After the investigation, if the arrest is necessary, there can be a direction to release the petitioners on stringent conditions. 9. 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. 10. 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: -6- B.A.No. 7214 of 2022 1. Petitioners shall appear before the Investigating Officer within two weeks from today and shall undergo interrogation; 2. After interrogation, if the Investigating Officer proposes to arrest the petitioners, they shall be released on bail on executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum to the satisfaction of the officer concerned; 3. Petitioners shall appear before the Investigating Officer for interrogation as and when required. The petitioners 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 them from disclosing such facts to the Court or to any police officer; 4. Petitioners shall not leave India without permission of the jurisdictional Court; 5. Petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected; -7- B.A.No. 7214 of 2022 6. Petitioners shall appear before the investigating officer on all Mondays at 11 AM, till final report is filed. 7. If any of the above conditions are violated by the petitioners, 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** das -8- B.A.No. 7214 of 2022 ## **`APPENDIX OF BAIL APPL. 7214/2022`** ``` PETITIONER ANNEXURES ``` ``` Annexure A1TRUE COPY OF THE FIR CRIME NO.1171 DATED 27-08-2022 OF PERUMBAVOOR POLICE STATION. ```