SABARINADH and MAHALAKSHMI v. STATE OF KERALA

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 15[TH] DAY OF FEBRUARY 2023/26TH MAGHA, 1944 BAIL APPL. NO.972 OF 2023** ## **CRIME NO.14/2023 OF VADAKKANCHERRY POLICE STATION, PALAKKAD** ## **PETITIONERS/ACCUSED NOS.2 AND 3:** 1 SABARINADH, AGED 23 YEARS, S/O.SWAMINATHAN, PULIKKAL HOUSE, ASST.BRANCH HEAD, MABEN NIDHI LTD., VADAKKENCHERRY, ALATHUR, PALAKKAD, PIN – 678683. 2 MAHALAKSHMI, AGED 24 YEARS, W/O.VIJAYAKUMAR, MANALODY HOUSE, CASHIER, MABEN NIDHI LTD., VADAKKENCHERRY, ALATHUR, PALAKKAD, PIN – 678683. BY ADV. V.A.JOHNSON (VARIKKAPPALLIL) ## **RESPONDENT/COMPLAINANT:** STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031. BY ADV. SRI.P.G.MANU, SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **B.A. No.972 of 2023** 2 ## **O R D E R** ## **Dated, this the 15[th] February, 2023** This is a petition filed under Section 438 of the Code of Criminal Procedure, by the petitioners, who are arrayed as the accused Nos.2 and 3 in Crime No.14/2023 of Vadakkencherry Police Station, Palakkad and the petitioners seek anticipatory bail. **==> picture [385 x 10] intentionally omitted <==** petitioners as well as the learned Public Prosecutor. 3. Perused the relevant documents placed by the learned Public Prosecutor form part of the Case Diary and the report of the Investigating Officer. 4. The prosecution allegation based on a private complaint lodged before the Judicial First Class Magistrate-I, Alathur, at the instance of one Sunil, is that he had availed gold loan to the tune of Rs.50,000/- from 3 ## **B.A. No.972 of 2023** M/s.Maben Nidhi Ltd, Vadakkencherry an associate of M/s.Manappuram Finance Limited, after pledging 32.940 gm of gold ornaments on 10.12.2021 and thereafter, Rs.15,000/- also was borrowed during March, 2022. The case of the complainant is that altogether, Rs.65,000/- was taken as loan. But only receipt for Rs.50,000/was issued. Thereafter, the complainant demanded receipt for the amount of Rs.15,000/- borrowed subsequently during March, 2022, the 1[st] accused stated that the internet facility was disrupted. Therefore, he could not connect with the head office. Thereafter, the accused demanded Rs.98,000/- along with the interest. This is the premise on which the prosecution alleges commission of offences punishable under Section 114, 468, 406, 120B, 420 read with Section 34 of Indian Penal Code. 5. It is pointed out by the learned 4 ## **B.A. No.972 of 2023** counsel for the petitioners that the crime was registered on the basis of private complaint and in the private complaint, the names of the petitioners not either shown in the cause title or no allegations raised against them. He also submitted that in Crime No.1153/2022 of Vadakkencherry Police Station, there was no allegation in the private complaint as regards the overt acts against the petitioners. As such, anticipatory bail was granted by this Court on the said premise. 6. Whereas the learned Public Prosecutor would submit that there are other crimes also and one Leela, who was also cheated when she availed Rs.5,40,000/- as loan had given statement that the 1[st] accused along with other three persons, inclusive of the petitioners herein dealt with the pledge of gold and, thereafter, they have pledged the same gold ornaments to another concern and, thereby, ## **B.A. No.972 of 2023** 5 obtained large sum and the said amount was misappropriated and thereby cheated her and other persons, who pledged gold. 7. Since, this Court is confined to grant of anticipatory bail in Crime No.14/2023, the complaint filed by the complainant before the the Court is having significance. As pointed out by the learned counsel for the petitioner that there is no whisper in the complaint as to involvement of the petitioners, in this crime. However, the allegations are serious and the same require detailed investigation, since it is submitted by the Investigating Officer that the petitioners, also involved in the crime, though in the complaint no such allegations. 8. Therefore, the interrogation of the petitioners are necessary and for which the petitioners are directed to subject themselves for interrogation and, accordingly, they can 6 ## **B.A. No.972 of 2023** be enlarged on anticipatory bail on the following conditions. i. The petitioners shall surrender before the Investigating Officer within seven days from today and on such surrender, the Investigating Officer can question the petitioners on two days in between 10:00 a.m. and 3:00 p.m. to extract details of the crime. In the event of their arrest, the Investigating Officer shall produce the petitioners before the jurisdictional court on the date of arrest itself. On such production, the jurisdictional court shall release the petitioners on bail, on executing bond for Rs.30,000/- each (Rupees thirty thousand only) by themselves and by two solvent sureties, each for the like sum to the satisfaction of the jurisdictional court. iii. The petitioners shall co-operate with investigation and shall be ii. ## **B.A. No.972 of 2023** 7 made available for trial. They shall appear before the Investigating Officer on every Monday and Wednesday in between 9 a.m. and 12 p.m, from the date of release on bail, for a period of two months or till the final report will be filed, whichever occur first. iv. The petitioners, shall not, intimidate the witnesses or interfere with the investigation in any manner. v. The petitioners shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted. Sd/- ## **A.BADHARUDEEN, JUDGE.** ww 8 ## **B.A. No.972 of 2023** ## **APPENDIX OF BAIL APPL. 972/2023** ## PETITIONER ANNEXURE: ANNEXURE 1 TRUE COPY OF THE CRL.M.P.NO.3767/2022 ON THE FILE OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE-I, ALATHUR DATED 16.12.2022.