Satheeshan v. State of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: C. S. Dias
Judgment Date: 2024-02-01
Court Decision / Holding: The application is allowed; Satheeshan is to be released on bail on a bond for Rs. 1,00,000 with two solvent sureties of Rs. 1,00,000 each, subject to the conditions (i)–(viii) enumerated in the order, including reporting before the Investigating Officer every Saturday for two months or until the final report, refraining from inducement or tampering with witnesses, not leaving the territorial jurisdiction outside Idukki district, and surrender of passport if any.
Final Disposition: Bail Granted

Parties to the Case

Appellants / Petitioners

Satheeshan

Respondents

State of Kerala
The Station House Officer, East Police Station, Kollam

Legal Representation & Advocates

Counsels for Petitioners

• Arun Babu
• N. Muhammed Nahas
• Aneeshraj R.

Counsels for Respondents

• Smt Seetha S

Case Synopsis & Summary

Satheeshan, the first accused in Crime No. 1215/2023 of Kollam East Police Station, seeks bail under Section 439 CrPC in a case charging ten accused with offences under Sections 420 and 120B read with 34 IPC for alleged conspiracy to cause wrongful loss to the de facto complainant. The prosecution alleges that the accused conspired to induce the victim to deposit Rs. 38,37,200 in the bank accounts of the first accused and to transfer sums among the others, with a promise of 12% interest, but failed to repay principal or interest. The petitioner has remained in judicial custody since 26.12.2023; the investigating agency reports that the investigation, at least as far as he is concerned, is practically complete, though accused 3–10 are at large and no recoveries have been effected. The petitioner’s counsel claims innocence and willingness to cooperate if released on bail under strict conditions. The Public Prosecutor opposes bail, noting that only the petitioner and second accused have been arrested and that the others are at large, with ongoing investigation and no recoveries, raising fears of tampering or witness interference if bail is granted. After careful consideration, the court, observing the custody period and lack of antecedents, grants bail on a bond of Rs. 1,00,000 with two solvent sureties, subject to conditions (i)–(viii). The order cites Sushila Aggarwal v. State (NCT of Delhi) for guidance on bail conditions.

Provisions of Law Cited

Section 439 of the Code of Criminal Procedure, 1973Sections 420 and 120B read with Section 34 of the Indian Penal Code

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicant's counsel contends that Satheeshan is innocent of the allegations, has been in custody since 26.12.2023, and that the investigation is practically complete as far as he is concerned. He is ready to cooperate with the investigation and comply with conditions to ensure the fair and expeditious completion of the process. The submission emphasises absence of criminal antecedents and the likelihood of co-accused being at large not justifying continued detention; bail with stringent conditions would not hinder the investigation.

Contentions of Respondents

The Public Prosecutor opposed bail, highlighting that only the petitioner and second accused have been arrested; accused 3–10 remain at large; the investigation is ongoing; recoveries are outstanding; release on bail could lead to tampering with witnesses and interference with the investigation. The court was urged to dismiss the application.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Sushila Aggarwal v. State (NCT of Delhi) and another	2020 (1) KHC 663	Positive	Cited to support bail conditions and recoveries while on bail; the court follows the principle laid down by the Supreme Court as applied through the Kerala High Court reference.

Extracted Judgment Text

Exact text extracted from official judgment records.

B.A No. 632 of 2024 1 # `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 1[ST] DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 ``` ``` BAIL APPL. NO. 632 OF 2024 ``` ``` CRIME NO.1215/2023 OF KOLLAM EAST POLICE STATION, KOLLAM AGAINST THE ORDER IN CRMP 113/2023 OF CHIEF JUDICIAL MAGISTRATE ,KOLLAM ``` ## `PETITIONER/1ST ACCUSED:` ``` SATHEESHAN AGED 36 YEARS S/O THANKAPPAN,, KALEL MALIYIL VEETIL, MULLARIKODI P.O., KONNNATHADI VILLAGE, VAZHATHOPU TALUK, IDUKKI., PIN - 685571 BY ADVS. ARUN BABU N.MUHAMMED NAHAS ANEESHRAJ R. ``` ## `RESPONDENTS:` ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2THE STATION HOUSE OFFICER EAST POLICE STATION, KOLLAM, PIN - 691001 BY SR PP SMT SEETHA S ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A No. 632 of 2024 2 Dated this the 1[st] day of February, 2024 **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the first accused in crime No.1215/2023 of the Kollam East Police Station, Kollam, registered against the accused ( ten in number), for allegedly committing the offences punishable under Sections 420 and 120 B read with Section 34 of the Indian Penal Code. The petitioner was arrested on 26.12.2023 2. The gist of the prosecution case is that: the accused, in furtherance of their common intention to cause wrongful loss to the defacto complainant, conspired and made the defacto complainant deposit Rs.38,37,200/- in the bank account of the first accused, promising to pay 12% annual interest. The other accused B.A No. 632 of 2024 3 also made the de facto complainant transfer the substantial amounts to the bank accounts of the other accused. However, the accused failed to pay the de facto complainant interest or return the principle amount. Thus, the accused have committed the above offences. 3. Heard; Sri.Arun Babu, the learned counsel appearing for the petitioner and Smt.Seetha. S, the learned Public Prosecutor appearing for the respondents. 4. 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 26.12.2023, which is more than a month. The investigation in the case, so far as the petitioner is concerned, is practically complete. The petitioner is willing to cooperate with the Investigating B.A No. 632 of 2024 4 Officer and abide by any condition imposed by this Court. Hence, the application may be allowed. 5. The learned Public Prosecutor strenuously opposed the application. She submitted that only the petitioner and the second accused have been arrested till date. The other accused are still at large. The investigation is in progress. The recovery of the amounts has not been effected. If the petitioner is let off on bail, there is every likelihood of the petitioner tampering with the evidence and influencing the witnesses. Moreover, it would also hamper the investigation, especially when the accused 3 to 10 are yet to be arrested. Hence, the application may be dismissed. 6. On an anxious consideration to the materials placed on record, taking note of the arguments addressed across the bar, and particularly taking note of B.A No. 632 of 2024 5 the fact that the petitioner was arrested as early as on 26.12.2023, which is more than 34 days, that the investigation in the case, so far as the petitioner is concerned, is practically complete, that merely because the accused 3 to 10 are not arrested, the same cannot be treated as a ground to deny bail to the petitioner, and that the petitioner has no criminal antecedents, I am of the view that the petitioner’s continued detention is unnecessary. Hence, I am inclined to allow the bail application, subject to stringent conditions. In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions: B.A No. 632 of 2024 6 (i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of two months or till the final report is laid, whichever is earlier. He shall also appear before the Investigating Officer as and when required; (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; (iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit B.A No. 632 of 2024 7 to the effect before the court below on the date of execution of the bond; (v) The petitioner shall not leave the territorial jurisdiction of Idukki district except for the purpose of reporting before the Investigating Officer every Saturday. (vi) In case of violation of any of the conditions mentioned above, the jurisdictional court 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 court below. (viii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the B.A No. 632 of 2024 **==> picture [8 x 10] intentionally omitted <==** 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/- **C.S.DIAS, JUDGE** mtk/01.02.24 B.A No. 632 of 2024 9 ## `APPENDIX OF BAIL APPL. 632/2024` ``` PETITIONER ANNEXURES ``` ``` ANNEXURE A1 ``` ``` THE CERTIFIED COPY OF THE ORDER DATED 11/01/2024 IN CRLMP 113/2024 OF THE CHIEF JUDICIAL MAGISTRATE COURT , KOLLAM ``` ``` ANNEXURE A2THE TRUE COPY OF REMAND APPLICATION DATED 26.12.2023 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE CJM KOLLAM IN CRIME NO 1215/2023 OF KOLLAM EAST POLICE STATION ```