Sajith Kumar M.V. v. State of Kerala

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 15[TH] DAY OF JANUARY 2024 / 25TH POUSHA, 1945 BAIL APPL. NO. 11567 OF 2023 ``` ## **`CRIME NO.1613/2023 OF HOSDURG POLICE STATION, KASARGOD`** ## **`PETITIONER/ACCUSED:`** ``` SAJITH KUMAR M.V., AGED 41 YEARS S/O PADMANABHAN, MEETHALE VEEDU, NEAR MADAYIKKAVU, ERIPURAM, KANNUR DISTRICT, PIN - 670303 ``` ``` BY ADVS. B.MUHAMMED SHAHEEL R.N.SANDEEP KEERTHI VIJAYAN ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2BABU V.V., AGED 47 YEARS S/O NARAYANAN, VALIYAVEETIL (H), VAZHAKODE, PULLUR, MADIKAI, KASARGODE DISTRICT., PIN – 671314 ``` ``` SR.PUBLIC PROSECUTOR SMT. NEEMA T.V. ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.01.2024, ALONG WITH Bail Appl..11569/23 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 2 ``` ## **`B.A. Nos.11567 of 2023 and cont.cases`** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 15[TH] DAY OF JANUARY 2024 / 25TH POUSHA, 1945 BAIL APPL. NO. 11569 OF 2023 ``` ## **`CRIME NO.789/2023 OF KANNAPURAM POLICE STATION, KANNUR`** ## **`PETITIONER/ACCUSED:`** ``` SAJITH KUMAR M.V., AGED 48 YEARS S/O PADMANABHAN, MEETHALE VEEDU, NEAR MADAYIKKAVU, ERIPURAM, KANNUR DISTRICT, PIN - 670303 ``` ``` BY ADVS. B.MUHAMMED SHAHEEL KEERTHI VIJAYAN R.N.SANDEEP ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` 2JAYAKUMAR P.M AGED 48 YEARS S/O KANNAN P.V, PAYYAN VALAPPIL (H), EDAKKEPURAM, CHERUKUNNU P.O, KANNUR DISTRICT, PIN – 670301 ``` ``` SR.PUBLIC PROSECUTOR SMT. NIMA JACOB. ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.01.2024, ALONG WITH Bail Appl..11567/23 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 3 ``` ## **`B.A. Nos.11567 of 2023 and cont.cases`** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 15[TH] DAY OF JANUARY 2024 / 25TH POUSHA, 1945 BAIL APPL. NO. 11570 OF 2023 ``` ## **`CRIME NO.1245/2023 OF PAZHAYANGADI POLICE STATION, KANNUR`** ## **`PETITIONER/ACCUSED:`** ``` SAJITH KUMAR M.V., AGED 41 YEARS S/O PADMANABHAN, MEETHALE VEEDU, NEAR MADAYIKKAVU, ERIPURAM, KANNUR DISTRICT, PIN - 670303 ``` ``` BY ADVS. B.MUHAMMED SHAHEEL R.N.SANDEEP KEERTHI VIJAYAN ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ``` 2DEEPAK K., AGED 28 YEARS S/O M. PAVITHRAN, GREESHMAM (H), VAYALAPRA, VENGARA P.O, MADAYI AMSOM, KANNUR DISTRICT, PIN – 676304 ``` ``` SR.PUBLIC PROSECUTOR SMT NIMA JACOB. ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.01.2024, ALONG WITH Bail Appl..11567/23 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 4 ``` ## **`B.A. Nos.11567 of 2023 and cont.cases`** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 15[TH] DAY OF JANUARY 2024 / 25TH POUSHA, 1945 BAIL APPL. NO. 11572 OF 2023 ``` ## **`CRIME NO.1111/2023 OF PAZHAYANGADI POLICE STATION, KANNUR`** ## **`PETITIONER/S:`** ``` SAJITH KUMAR M.V., AGED 41 YEARS S/O PADMANABHAN, MEETHALE VEEDU, NEAR MADAYIKKAVU, ERIPURAM, KANNUR DISTRICT, PIN - 670303 ``` ``` BY ADVS. B.MUHAMMED SHAHEEL R.N.SANDEEP KEERTHI VIJAYAN ``` ## **`RESPONDENT/S:`** ``` 1STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ``` 2VAISHAK P AGED 30 YEARS S/O LAKSHMANAN, EDATHILE VALAPPIL (H), KOTTILA, EZHOME P.O, KANNUR DISTRICT, PIN – 670301 ``` ``` SR.PUBLIC PROSECUTOR SMT. SEETHA S. ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.01.2024, ALONG WITH Bail Appl.11567/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 5 ``` ## **`B.A. Nos.11567 of 2023 and cont.cases`** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 15[TH] DAY OF JANUARY 2024 / 25TH POUSHA, 1945 ``` ``` BAIL APPL. NO. 11573 OF 2023 ``` ## **`CRIME NO.790/2023 OF KANNAPURAM POLICE STATION, KANNUR`** ## **`PETITIONER/ACCUSED:`** ``` SAJITH KUMAR M.V., AGED 41 YEARS S/O PADMANABHAN, MEETHALE VEEDU, NEAR MADAYIKKAVU, ERIPURAM, KANNUR DISTRICT, PIN - 670303 ``` ``` BY ADVS. B.MUHAMMED SHAHEEL KEERTHI VIJAYAN R.N.SANDEEP ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` 2MANJUNATH P.S AGED 43 YEARS S/O SASIDHARAN, PUTHANPARAMBIL (H), KANNAPURAM P.O, KANNUR DISTRICT, PIN – 670301 ``` ``` SR.PUBLIC PROSECUTOR SMT. SEETHA S. ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.01.2024, ALONG WITH Bail Appl..11578/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 6 ``` ## **`B.A. Nos.11567 of 2023 and cont.cases`** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 15[TH] DAY OF JANUARY 2024 / 25TH POUSHA, 1945 ``` ``` BAIL APPL. NO. 11578 OF 2023 CRIME NO.1005/2023 OF PARIYARAM MEDICAL COLLEGE POLICE ``` ## **`STATION, KANNUR`** ## **`PETITIONER/ACCUSED:`** ``` SAJITH KUMAR M., AGED 41 YEARS S/O PADMANABHAN, MEETHALE VEEDU, NEAR MADAYIKKAVU, ERIPURAM, KANNUR DISTRICT, PIN - 670303 ``` ``` BY ADVS. B.MUHAMMED SHAHEEL KEERTHI VIJAYAN R.N.SANDEEP ``` ## **`RESPONDENT/RESPONDENT:`** ``` 1STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` 2RATHEESH K.V., AGED 36 YEARS S/O M.V KRISHNAN, KUNNUMMAL (H), VILAYANCODE, KADANNAPPALLY, KANNUR DISTRICT, PIN – 670504 ``` ``` SR.PUBLIC PROSECUTOR SMT. NIMA JACOB. ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.01.2024, ALONG WITH Bail Appl..11567/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` B.A. Nos.11567 of 2023 and cont.cases ``` ``` 7 ``` ## **Dated this the 15[th] day of January, 2024** ## **COMMON ORDER** The above bail applications are filed under Section 439 of the Code of Criminal Procedure, 1973. 2. As the petitioner in these bail applications is the first accused in different crimes of different Police Stations, the bail applications were consolidated and jointly heard and are being disposed of by this common order. 3. The petitioner is the first accused in the following cases, namely, (i) B.A. No.11567/2023 in Crime No.1613/2023 of the Hosdurg Police Station, (ii) B.A. No.11569/2023 in Crime No.789/2023 of the Kannapuram Police Station , (iii) B.A. No.11570/2023 in Crime No. 1245/2023 of the Pazhayangadi Police Station, (iv) B.A. No.11572/2023 in Crime No.1111/2023 of the ## **`B.A. Nos.11567 of 2023 and cont.cases`** ``` 8 ``` Pazhayangadi Police Station, (v) B.A. No. 11573/2023 in Crime No.790/2023 of Kannapuram Police Station and (vi) B.A. No.11578/2023 in Crime No. 1005/2023 of the Pariyaram Medical College Police Station. 4. The gist of the prosecution case in the above six crimes is that; the accused, in furtherance of their common intention to cheat de facto complainants in the respective cases, had collected money from the de facto complainants assuring them employment visas as security personnel in a hospital in Spain. However, the accused failed to arrange the employment visa or return the amounts collected from the respective de facto complainants. Thus, the accused have committed the offences punishable under Section 420 r/w Section 34 of the Indian Penal Code. 5. The petitioner was arrested in Crime No.1111/2023 by the Pazhayangadi Police Station on 14.11.2023 and subsequently his arrest was recorded in the other crimes. ## **`B.A. Nos.11567 of 2023 and cont.cases`** ``` 9 ``` 6. Heard; Sri. B.Muhammed Shaheel, the learned counsel appearing for the petitioner in all the cases and Smt. Neema T.V. and Smt. Seetha S. , the learned Public Prosecutors. 7. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusation levelled against him. The petitioner has been in judicial custody since 14.11.2023. The investigation in the case is practically complete. In fact, in Crime No. 1005/2023 of the Pariyaram Medical Police Station, the final report has already been laid. The petitioner is willing to abide by any stringent condition that may be imposed by this Court. No useful purpose would be served by the petitioner's continued detention. Hence, the bail applications may be allowed. 8. The learned Public Prosecutors opposed the applications. They jointly contended that the second accused in the crime is still at large. There cannot be a proper and fair investigation, unless the second accused ## **`B.A. Nos.11567 of 2023 and cont.cases`** ## **`10`** is apprehended. Moreover, the petitioner has antecedents and there is every likelihood of him committing a similar offence in the future. Hence, the applications may be dismissed. 9. The prosecution case is that, the petitioner along with the second accused with a common intention, had received substantial amounts from the de facto complainants in the six cases assuring them of employment visas in Spain. However, the accused fell back on their promise and have not returned the money. 10. Indisputably, the petitioner was arrested on 14.11.2023 in Crime No.1111/23 by the Pazhayangadi Police and subsequently his arrest was recorded in all the other crimes. The petitioner has been in judicial custody for the last more than two months. The investigation in one of the cases is complete. Merely because the second accused, who is said to be abroad, has not been apprehended till date, the petitioner cannot be incarcerated. Therefore, taking into account the fact that ## **`B.A. Nos.11567 of 2023 and cont.cases`** ## **`11`** the investigation, so far it relates to the petitioner, is practically complete, and the petitioner’s continued detention is unnecessary, I am of the definite view that the petitioner is entitled to be released on bail, but subject to stringent conditions:- In the result, the applications are allowed, by directing the petitioner to be released on bail 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 jurisdictional courts, which shall be subject to the following conditions: (i) The petitioner shall appear before the Investigating Officers of the respective police station on every Saturday between 9 a.m. and 4 p.m for a period of one month or till the final report is laid, whichever is earlier and he shall also appear before the Investigating Officera as and when required; - (ii) The petitioner shall not directly or indirectly ``` B.A. Nos.11567 of 2023 and cont.cases ``` ## **`12`** make any inducement, threat or procure to any person acquainted with the facts of the cases so as to dissuade him from disclosing such facts to the courts or to any Police Officers or tamper with the evidence in any manner, whatsoever; (iii) The petitioner shall not commit any offence while he is on bail; (iv) The petitioner shall surrender his passport before the jurisdictional court in Crime No.1111/2023 of the Pazhayangadi Police Station, Kannur, and file affidavits in other cases that he has already surrendered his passport in Crime No.1111/2023; (v) The petitioner shall not leave the territorial limits of Kannur and Kasaragod Districts until the trial is complete; (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 ## **`B.A. Nos.11567 of 2023 and cont.cases`** ## **`13`** accordance with law. (vi) Applications for deletion/modification of the bail conditions shall be moved and entertained by the courts below. (vii) Needless to mention, it would be well within the powers of the Investigating Officers 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 of Delhi and another** [2020 (1) KHC 663]. **SD/-** **C.S.DIAS, JUDGE** rmm15/1/2024