Shaji v. State of Kerala

**==> picture [57 x 58] intentionally omitted <==** ## `2025:KER:28737` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` WEDNESDAY, THE 2[ND] DAY OF APRIL 2025/12TH CHAITHRA, 1947 ``` ``` BAIL APPL. NO. 4157 OF 2025 ``` ``` CRIME NO.1091/2023 OF ANTHIKAD POLICE STATION, THRISSUR ``` ``` AGAINST THE ORDER DATED 24.11.2023 IN BAIL APPL. NO.10224 OF 2023 OF HIGH COURT OF KERALA ``` ## **`PETITIONER/2ND ACCUSED:`** ``` SHAJI, ``` ``` AGED 55 YEARS, S/O.KUNJAKKAN, MAPRANATH HOUSE,PERINGOTTUKARA, THANNYAM VILLAGE AND DESOM, THRISSUR DISTRICT., PIN – 680 565. ``` ``` BY ADV P.T.SHEEJISH ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN – 682 031. ``` ``` BY ADV NOUSHAD K A, SR PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 2025:KER:28737 ``` B.A No.4157 of 2025 **==> picture [58 x 58] intentionally omitted <==** 2 ## **P.V.KUNHIKRISHNAN, J** **--------------------------------------B.A. No.4157 of 2025 -------------------------------------Dated this the 2[nd] day of April, 2025** ## **O R D E R** This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioner is the 2[nd] accused in Crime No.1091 of 2023 of Anthikad Police Station, Thrissur. The above case is registered against the petitioner and another alleging offences punishable under Sections 406, 420 and 468 r/w 34 of the Indian Penal Code, 1860 (for short ‘IPC’). 3. The prosecution case is that the 1[st] accused, being the wife of the defacto complainant, in collusion with other accused persons forged a Power of Attorney in the name of the defacto complainant, who was working in South Africa, and by using the said Power **==> picture [58 x 58] intentionally omitted <==** ``` 2025:KER:28737 ``` ## B.A No.4157 of 2025 3 of Attorney as a genuine document and producing the same in Bright Kuries and Finance in Thrissur, they had availed a loan of Rs.5 lakhs without the knowledge of the defacto complainant and thereby cheated him. 4. Heard counsel for the petitioner and the Public Prosecutor. 5. Counsel appearing for the petitioner submitted that the main allegation is against the 1[st] accused, who is the wife of the defacto complainant. The counsel submitted that the petitioner is ready to abide any conditions, if this Court grants him bail. 6. Public Prosecutor opposed the bail application. 7. Admittedly, the above case is registered in the year 2023. The petitioner is not arrested even now. That itself shows that custodial interrogation of the petitioner may not be necessary. Moreover, the main allegation is against the 1[st] accused. Considering the facts **==> picture [58 x 58] intentionally omitted <==** ``` 2025:KER:28737 ``` ## B.A No.4157 of 2025 4 and circumstances of the case, I think bail can be granted to the petitioner after imposing stringent conditions. But, I make it clear that this order is applicable only to the petitioner, who is the 2[nd] accused and the bail application of the 1[st] accused will be considered separately in accordance to law. 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 ``` 2025:KER:28737 ``` **==> picture [58 x 58] intentionally omitted <==** ## B.A No.4157 of 2025 5 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 appreciate why there should be a compulsion ``` 2025:KER:28737 ``` B.A No.4157 of 2025 **==> picture [58 x 58] intentionally omitted <==** 6 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 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 **==> picture [58 x 58] intentionally omitted <==** ## `2025:KER:28737` ## B.A No.4157 of 2025 7 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 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. **==> picture [58 x 58] intentionally omitted <==** ## `2025:KER:28737` ## B.A No.4157 of 2025 8 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) 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.** **==> picture [58 x 58] intentionally omitted <==** ## `2025:KER:28737` ## B.A No.4157 of 2025 9 **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** AMR