Santosh Kumar and Rajesh v. State of Kerala

BA No.3965 of 2025 1 ``` 2025:KER:26678 ``` **==> picture [57 x 58] intentionally omitted <==** # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` THURSDAY, THE 27[TH] DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 ``` # **`BAIL APPL. NO. 3965 OF 2025`** ``` CRIME NO.1956/2023 OF PUNALUR POLICE STATION, KOLLAM ``` ``` PETITIONER( S )/ACCUSED: 1SANTHOSH KUMAR AGED 37 YEARS, 8-26/2, HEMA NAGAR COLONY, STREET NO.02, BODUPPAL, K V RANGAREDDY, TELEGANA, PIN – 500 092 ``` - **`2 RAJESH AGED 40 YEARS, S/O MAHESWARAN UNNITHAN ALOOR HOUSE, VELIYAM, KOLLAM, PIN – 691 540`** ``` BY ADVS. VISHNU BHUVANENDRAN B.ANUSREE SREELAKSHMI B. ABDUL FATHAH NOYAL JOHNY ``` ## **`RESPONDENT( S ) :`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031 ``` ## **`BY ADV.:`** ## **`SR PP - HRITHWIK C S`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON ``` ``` 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` BA No.3965 of 2025 2 **==> picture [57 x 58] intentionally omitted <==** ## `2025:KER:26678` ## **P.V.KUNHIKRISHNAN, J. -------------------------------------------** ## **BA No.3965 of 2025** **-------------------------------------------Dated this the 27[th] day of March, 2025** ## **O R D E R** This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. 2. The petitioners are accused in Crime No.1956/2023 of Punalur Police Station, Kollam. The above case is registered against the petitioners alleging offences punishable under Sections 406, 420 r/w 34 of IPC. 3. The prosecution case is that, the petitioners purchased 4500 Kg of cashew nuts from the defacto complainant for a consideration of Rs.24,60,465.69/- and the petitioners paid only Rs.14,00,000/-, and the balance amount is not paid. BA No.3965 of 2025 3 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:26678 ``` Hence, it is alleged that the accused committed the offence. 4. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor. 5. The counsel for the petitioners submitted that, even if the entire allegations are accepted, the same will not attract the offences alleged. The counsel also submitted that the petitioners are ready to abide any conditions imposed by this Court, if this Court grant them bail. 6. The Public Prosecutor opposed the bail application. 7. This Court considered the contentions of the petitioners and the Public Prosecutor. Admittedly there is some transaction of cashew nuts between the petitioners and the defacto complainant. Some amount is paid and the balance amount is not paid. Whether any criminal offence is made out in such BA No.3965 of 2025 4 **==> picture [57 x 58] intentionally omitted <==** ## `2025:KER:26678` situation is a matter to be investigated by the Investigating Officer. I don’t want to make any observation about the same. Considering the facts and circumstances of the case, I think, the petitioners can be released on bail after imposing stringent conditions. 8. 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. 9. Recently the Apex Court in _**Siddharth v**_ BA No.3965 of 2025 5 ``` 2025:KER:26678 ``` **==> picture [57 x 58] intentionally omitted <==** ## _**State of Uttar Pradesh and Another** [2021(5)KHC_ _353]_ considered the point in detail. The relevant paragraph of the above judgment is extracted hereunder. “12. We may note that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it. (Joginder Kumar v. State of UP and Others (1994 KHC 189: (1994) 4 SCC 260: 1994 (1) KLT 919: 1994 (2) KLJ 97: AIR 1994 SC 1349: 1994 CriLJ 1981)) If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the Investigating Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation we fail to BA No.3965 of 2025 6 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:26678 ``` appreciate why there should be a compulsion on the officer to arrest the accused.” 10. In _**Manish Sisodia v. Central Bureau of**_ _**Investigation** [2023 KHC 6961],_ the Apex Court observed that, even if the allegation is one of grave economic offence, it is not a rule that bail should be denied in every case. Considering the dictum laid down in the above decisions and considering the facts and circumstances of this case, this Bail Application is allowed with the following conditions: _1. The petitioners shall appear before the Investigating Officer within two weeks from today and shall undergo interrogation._ _2. After interrogation, if the Investigating Officer propose to arrest the petitioners, they shall be released on bail on_ BA No.3965 of 2025 7 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:26678 ``` _executing a bond for a sum of Rs.50,000/(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer concerned._ _3. The 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 him from disclosing such facts to the Court or to any police officer._ _4. Petitioners shall not leave India without permission of the jurisdictional_ BA No.3965 of 2025 8 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:26678 ``` ## _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. 6. The observations and findings in this order is only for the purpose of deciding this bail application. The principle laid down by this Court in_ _**Anzar Azeez v. State of Kerala** [2025 SCC OnLine KER 1260] is applicable in this case also. 7. Needless to mention, it would be well within the powers of the investigating officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioners even while the petitioners are on bail as laid down by_ BA No.3965 of 2025 9 **==> picture [57 x 58] intentionally omitted <==** ``` 2025:KER:26678 ``` _the Hon'ble Supreme Court in_ _**Sushila Aggarwal v. State (NCT of Delhi) and another** [2020 (1) KHC 663]._ _8. If any of the above conditions are violated by the petitioners, the jurisdictional Court can cancel the bail in accordance to law, even though this bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional Court to cancel the bail, if any of the above conditions are violated._ nvj **Sd/P.V.KUNHIKRISHNAN JUDGE**