Riyas Shanavas v. State of Kerala

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` TUESDAY, THE 9[TH] DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 ``` ``` BAIL APPL. NO. 2824 OF 2024 ``` ``` CRIME NO.1108/2023 OF KORATY POLICE STATION, THRISSUR ``` ## **`PETITIONER/ACCUSED NO.2:`** ``` RIYAS SHANAVAS, AGED 33 YEARS S/O. SHANAVAS SABJAN, DILSHAD MANZIL, PUTHUCHIRA, THAZHUTHALA VILLAGE, UMAYANELLUR P.O., KOLLAM ., PIN – 691589 ``` ``` BY ADVS.MATHEW KURIAKOSE T.G.SUNIL (PERUMBAVOOR) J.KRISHNAKUMAR (ADOOR) C.N.PRAKASH MONI GEORGE SHAJI P.K. ARUN.S. PREETHU JAGATHY ``` ## **`RESPONDENT/STATE:`** ``` 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 09.04.2024, ALONG WITH B.A.NO.2825/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ## **B.A. Nos.2830, 2824, 2825 and 2846 of 2024** ``` 2 ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 9[TH] DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 BAIL APPL. NO. 2825 OF 2024 ``` ``` CRIME NO.1333/2023 OF KUNNAMKULAM POLICE STATION, THRISSUR ``` ## **`PETITIONER/ACCUSED NO.2:`** ``` RIYAS SHANAVAS AGED 33 YEARS S/O. SHANAVAS SABJAN, DILSHAD MANZIL, PUTHUCHIRA, THAZHUTHALA VILLAGE, UMAYANELLUR P.O., KOLLAM ., PIN – 691589 ``` ``` BY ADVS. ``` ``` MATHEW KURIAKOSE J.KRISHNAKUMAR (ADOOR) MONI GEORGE ARUN.S. T.G.SUNIL (PERUMBAVOOR) C.N.PRAKASH SHAJI P.K. PREETHU JAGATHY ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 ``` ## **`OTHER PRESENT:`** ## **`SR PP SMT NEEMA T V`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH B.A.NO.2824/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` TUESDAY, THE 9[TH] DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 ``` ``` BAIL APPL. NO. 2830 OF 2024 ``` ``` CRIME NO.1531/2023 OF KANNAMALI POLICE STATION, ERNAKULAM ``` ``` AGAINST THE ORDER DATED 13.03.2024 IN CRMC NO.728 OF 2024 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM ``` ## **`PETITIONER/ACCUSED NO.1:`** ``` RIYAS SHANAVAS AGED 33 YEARS S/O. SHANAVAS SABJAN, DILSHAD MANZIL, PUTHUCHIRA, THAZHUTHALA VILLAGE, UMAYANELLUR P.O., ``` ``` KOLLAM, PIN – 691589 ``` ``` BY ADVS. MATHEW KURIAKOSE T.G.SUNIL (PERUMBAVOOR) J.KRISHNAKUMAR (ADOOR) C.N.PRAKASH MONI GEORGE SHAJI P.K. ARUN.S. PREETHU JAGATHY ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` SR PP SRI C S HRITHWIK ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH B.A.NO.2824/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` TUESDAY, THE 9[TH] DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 ``` ``` BAIL APPL. NO. 2846 OF 2024 ``` ``` CRIME NO.664/2023 OF VYTHIRI POLICE STATION, WAYANAD ``` ``` PETITIONER/ACCUSED NO.2: ``` ``` RIYAS SHANAVAS, AGED 33 YEARS S/O. SHANAVAS SABJAN,DILSHAD MANZIL, PUTHUCHIRA, THAZHUTHALA VILLAGE, UMAYANELLUR P.O., KOLLAM, PIN – 691589 ``` ``` BY ADVS. MATHEW KURIAKOSE J.KRISHNAKUMAR (ADOOR) MONI GEORGE ARUN.S. T.G.SUNIL (PERUMBAVOOR) C.N.PRAKASH SHAJI P.K. PREETHU JAGATHY ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031 ``` ## **`OTHER PRESENT:`** ``` SR PP SMT NEEMA T V ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.04.2024, ALONG WITH B.A.NO.2824/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 5 ``` ## **B.A. Nos.2830, 2824, 2825 and 2846 of 2024** ## **Dated this the 9[th] day of April, 2024 COMMON ORDER** The applications are filed under Section 439 of the Code of Criminal Procedure, 1973, by the same petitioner who is the accused in different crimes of different police stations in the State. In B.A. No.2830/2024, the petitioner is the first accused in Crime No.1531/2023 of the Kannamali Police Station, Ernakulam, in B.A. No.2824/2024, the petitioner is the second accused in Crime No.1108/2023 of the Koratty Police Station, Thrissur, in B.A. No.2825/2024, the petitioner is the second accused in Crime No.1333/2023 of the Kunnamkulam Police Station, Thrissur and in B.A. No.2846/2024, the petitioner is the second accused in Crime No.664/2023 of the Vythiri Police Station, Wayanad, ## **B.A. Nos.2830, 2824, 2825 and 2846 of 2024** ``` 6 ``` all registered against the accused for allegedly committing the offences punishable under Sections 406 and 420 of the Indian Penal Code. The petitioner was originally arrested in Crime No.1531/2023 on 9.9.2023. Subsequently, his arrest was recorded in 24 other crimes registered in different police stations for committing similar offences. As the petitioner is the same in all the applications, the applications have been consolidated, jointly heard and are being disposed of by this common order. 2. The gravamen of the prosecution case in all the crimes is that; the accused 1 to 4 received money from the de facto complainants on the assurance that they would secure employment for the defacto complainants in different countries. However, the accused failed to secure the employment or return the amounts received. Thus, the accused have committed the above offences. ## **B.A. Nos.2830, 2824, 2825 and 2846 of 2024** ``` 7 ``` 3. Heard Sri. Mathew Kuriakose, learned counsel appearing for the petitioner and Sri.C.S.Hrithwik, Smt. Seetha S. and Smt. Neema T.V. the learned Senior Public Prosecutors. 4. The learned counsel appearing for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime . The offences under Sections 406 and 420 of the IPC will not be attracted against him in any of the crimes. In fact, 25 crimes were registered against the petitioner and he was arrested on 9.9.2023 in Crime No.1531/2023 of the Kannamali Police Station. The petitioner has already been enlarged on bail in 21 crimes by the Court of Session. The investigation in the case is complete and the final report has been laid. Therefore, the petitioner’s further detention is unnecessary. The petitioner is ready to abide by any ## **B.A. Nos.2830, 2824, 2825 and 2846 of 2024** ## **`8`** stringent condition that may be imposed by this Court. Hence, the applications may be allowed. 5. The learned Public Prosecutors opposed the applications. They submitted that the petitioner is a person with criminal antecedents. The petitioner is involved in 25 crimes of similar nature. If the petitioner is released on bail, there is every likelihood of him committing similar offences. Hence, the applications may be dismissed. Nonetheless, it is submitted that the investigation in the crimes is complete and the final reports have been laid. 6. The prosecution allegation against the petitioner in all the crimes is that, the accused induced the de facto complainants and received money from them on assuring employment abroad. However, the accused failed to secure the employment or return the money received. 7. In **Sanjay Chandra v. CBI,** [2012 1 SCC 40], ## **B.A. Nos.2830, 2824, 2825 and 2846 of 2024** ``` 9 ``` the2024:KER:11608 Honourable Supreme Court has categorically held that the fundamental postulate of criminal jurisprudence is the presumption of innocence until a person is found guilty. Any imprisonment prior to conviction is to be considered as punitive and it would be improper on the part of the Court to refuse bail solely on the ground of former conduct. 8. In **Dataram Singh v. State of U.P** ., [(2018) 3 SCC 22] the Honourable Supreme Court observed that grant of bail is a rule and putting a person in jail is an exception. Even though the grant of bail is entirely the discretion of the court, it has to be evaluated based on the facts and circumstances of each case and the discretion has to be exercised in a judicious and compassionate manner. 9. Subsequently, in **State of Kerala v. Raneef** , [(2011) 1 SCC 784], the Honourable Supreme Court has ## **B.A. Nos.2830, 2824, 2825 and 2846 of 2024** ``` 10 ``` again held that undertrial prisoners detained in jail for indefinite periods, without any sufficient reason or due to the delay in concluding the trial, will tantamount to infringement of their right to life guaranteed under Article 21 of the Constitution. 10. 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 was originally arrested on 9.9.2023, the investigation in the cases is complete and the final reports have been laid and the petitioner has been enlarged on bail on 21 out of the 25 crimes, I am of the view that the petitioner’s further detention is not necessary. Hence, I am inclined to allow the bail applications, but subject to stringent conditions. In the result, the applications are allowed, by directing the petitioner to be released on bail in each of ## **B.A. Nos.2830, 2824, 2825 and 2846 of 2024** ``` 11 ``` the crimes on him executing a bond for Rs.1,00,000/(Rupees one lakh only) in each of the cases with two solvent sureties each for the like sum, to the satisfaction of the courts having jurisdiction, which shall be subject to the following conditions: (i) The petitioner shall appear before the Investigating Officers as and when directed; (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; ## **B.A. Nos.2830, 2824, 2825 and 2846 of 2024** ## **`12`** (iv) The petitioner shall surrender his passport, if any, before the jurisdictional court in Crime No.1531/2023 of the Kannamali Police Station, Ernakulam. If he has no passport, he shall file an affidavit to the effect before the said court on the date of execution of the bond; (v) The petitioner shall not leave the State of Kerala. (vi) In case of violation of any of the conditions mentioned above, the jurisdictional courts 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 courts below. (viii) Needless to mention, it would be well within the ## **B.A. Nos.2830, 2824, 2825 and 2846 of 2024** ``` 13 ``` 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 Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].** ``` SD/- ``` rmm/9/4/2024 **C.S.DIAS, JUDGE**