Shah A. v. State of Kerala

B.A.No.4051 of 2025 1 2025:KER:27513 **==> picture [57 x 58] intentionally omitted <==** # **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **TUESDAY, THE 1[ST] DAY OF APRIL 2025 / 11TH CHAITHRA, 1947** **BAIL APPL. NO. 4051 OF 2025** **CRIME NO.270/2025 OF VATTAPPARA POLICE STATION,** ## **THIRUVANANTHAPURAM** ## **PETITIONER(S)/2ND ACCUSED:** **SHAH A., AGED 53 YEARS, S/O ALIYARU KUNJU, SHA NILAYAM, POTHENCODE, IROOPARA, THIRUVANANTHAPURAM DISTRICT, PIN - 695584** **BY ADVS. SUSANTH SHAJI SIDHARTH O. ALBIN A. JOSEPH NEKHA VARGHESE HASHMI V.Z. TINCY MARIA SCARIA GOUTHAM V.Z. P.VIJAYA BHANU (SR.)(K/421/1984)** ## **RESPONDENT(S)/STATE & INVESTIGATING OFFICER:** - **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT, PIN - 682031** - **2 STATION HOUSE OFFICER, VATTAPPARA POLICE STATION VATTAPPARA, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT, PIN – 695028** **BY ADV. SRI.G.SUDHEER, PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON** - **01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** B.A.No.4051 of 2025 2 2025:KER:27513 **==> picture [57 x 58] intentionally omitted <==** ## **P.V.KUNHIKRISHNAN, J** -------------------------------- B.A.No.4051 of 2025 ------------------------------Dated this the 01[st] day of April, 2025 ## **O R D E R** This Bail Application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita. 2. Petitioner is an accused in Crime No.270/2025 of Vattappara Police Station, Thiruvananthapuram. The above case is registered against the petitioner alleging offences punishable under Sections 409, 471, 420, 468 & 34 of the Indian Penal Code, 1860. 3. The prosecution case is that, on 21.02.2019, the 2[nd] accused, despite knowing that the statement given by the 1[st] accused was false, proceeded to register Crime No. 161/2019 under Sections 279, 337, and 338 of the IPC by forging the signature of the SHO and further that the 2[nd] accused conducted the investigation and forged the treatment certificate of CW2 Harikuttan and later the 2[nd] accused misled the SHO by B.A.No.4051 of 2025 3 **==> picture [57 x 58] intentionally omitted <==** 2025:KER:27513 presenting the forged documents as genuine. It caused loss to the New Indian Assurance Company. Hence it is alleged that the accused committed the above said offences. 4. Heard Adv. P.Vijayabhanu, the learned Senior counsel as instructed by his retaining counsel Adv. Susanth Shaji, appearing for the petitioner and the learned Public Prosecutor. 5. The Senior counsel submitted that the petitioner is a Sub Inspector of Police. According to the Senior counsel, as per the final report, it can be seen that only the First Information Statement is recorded by the petitioner and he prepared the scene mahazar. All other part of the investigation is conducted by the other police officers. The counsel also submitted that the petitioner is ready to abide any conditions if this Court grants him bail. 6. The Public Prosecutor opposed the bail application. 7. This Court considered the contentions of the petitioner and the Public Prosecutor. It is true that the allegation against the petitioner is very serious. The petitioner is a Sub B.A.No.4051 of 2025 4 **==> picture [57 x 58] intentionally omitted <==** 2025:KER:27513 Inspector of Police. But the custodial interrogation of the petitioner may not be necessary because the prosecution can prove the case through oral and documentary evidences. Considering the facts and circumstances of the case, I think there can be a direction to the petitioner to surrender before the Investigating Officer and after interrogation if the arrest of the petitioner is recorded, there can be a direction to release the petitioner 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. State** ## **of Uttar Pradesh and Another [2021(5)KHC 353]** considered the point in detail. The relevant paragraph of the above judgment B.A.No.4051 of 2025 5 2025:KER:27513 **==> picture [57 x 58] intentionally omitted <==** ## 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 selfesteem 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 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. 11. Considering the dictum laid down in the above B.A.No.4051 of 2025 6 **==> picture [57 x 58] intentionally omitted <==** 2025:KER:27513 decision and considering the facts and circumstances of this case, this Bail Application is allowed with the following directions: 1. The petitioner 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 petitioner, he shall be released on bail on 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 petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or B.A.No.4051 of 2025 7 2025:KER:27513 **==> picture [57 x 58] intentionally omitted <==** 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. Petitioner shall not leave India without permission of the jurisdictional Court. 5. Petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. 6. 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 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)**_ B.A.No.4051 of 2025 8 2025:KER:27513 **==> picture [57 x 58] intentionally omitted <==** _**and another**_ [2020 (1) KHC 663]. 7. 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. 8. If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the 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. Sd/- ## **P.V.KUNHIKRISHNAN, JUDGE** DM