SHAN VARGHESE v. STATE OF KERALA & ORS.

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` THURSDAY, THE 18[TH] DAY OF JULY 2024 / 27TH ASHADHA, 1946 ``` ``` BAIL APPL. NO. 5258 OF 2024 ``` ``` CRIME NO.374/2024 OF KIDANGOOR POLICE STATION, KOTTAYAM ``` ``` AGAINST THE ORDER/JUDGMENT DATED IN CRMP NO.1738 OF 2024 OF DISTRICT COURT & SESSIONS COURT,KOTTAYAM PETITIONER/ACCUSED: ``` ``` SHAN VARGHESE, AGED 32 YEARS ``` ``` S/O. VARGHES,PAPPALIL HOUSE, KUNNACKAL P O,VALAKOM VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN - 682316 ``` ``` BY ADVS. P.CHANDY JOSEPH C.K.VIDYASAGAR ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, PIN - 682031`** - **`2 STATION HOUSE OFFICER, KIDANGOOR POLICE STATION,KOTTAYAM DISTRICT, PIN - 686572`** - **`3 ANJUMOL ABRAHAM,`** ``` D/O ABRAHAM, KOLLALAPPARA HOUSE, KUNNUMPURAM BHAGAM, KIDANGOOR VILLAGE, KOTTAYAM DISTRICT, PIN-686572 IS IMPLEADED AS ADDL.R3 AS PER ORDER DATED 17/07/2024 IN CRL.MA.1/2024. ``` ``` BY ADVS. R3 BYANISH LUKOSE ``` ``` SR.PUBLIC PROSECUTOR SRI. C.S. HRITHWIK ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON ``` ``` 18.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ``` **B.A. No.5258 of 2024** ``` 2 ``` ## **Dated this the 18[th ] day of July, 2024 O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.374/2024 of the Kidangoor Police Station, Kottayam, registered against him for allegedly committing the offences punishable under Sections 406 and 420 of the Indian Penal Code. The petitioner was arrested and remanded to on judicial custody 21.05.2024. 2. The gist of the prosecution is that; the accused was running a consultancy service in Pala under the name and style ‘South Indian International Educational Consultancy’. The accused with an intention to cause wrongful loss to the de facto complainant and wrongful **B.A. No.5258 of 2024** ``` 3 ``` gain to himself, made the de facto complainant to believe that the accused would arrange a job for her in Hungary as a Nursing Assistant. Accordingly, during the period from 03.11.2023 to 15.05.2024, the accused received Rs.15,01,530/- through various transactions. However, the accused failed to arrange the visa or return the capital. Thus, the accused has committed the above offences. 3. Heard; Sri.P.Chandy Joseph, the learned counsel appearing for the petitioner, Sri.C.S. Hrithwik the learned Senior Public Prosecutor and Sri. Anish Lukose the learned counsel appearing for the third respondent/ de facto complainant. 4. The learned counsel appearing for the petitioner submitted that the petitioner is innocent of the accusations levelled against him. He has been falsely implicated in the crime. There is no material to ``` 4 ``` ## **B.A. No.5258 of 2024** substantiate that the petitioner has committed the above offence. In any given case, the petitioner has been in judicial custody for the last 60 days, the investigation in the case is practically complete and recovery has been effected. Furthermore, the petitioner has settled the subject matter in dispute with the third respondent and the third respondent has vouched the same as per her affidavit dated 17.7.2024. Therefore, the petitioner may be enlarged on bail. 5. The learned Public Prosecutor opposed the application. He submitted that the investigation is in progress. He also stated that if the petitioner is released on bail, there is a likelihood of him tampering with evidence. Hence, the application may be dismissed. 6. The learned counsel appearing for the third respondent submitted that the third respondent has filed an affidavit dated 17.7.2024 stating that the subject ``` 5 ``` ## **B.A. No.5258 of 2024** matter in dispute between the parties has been settled and the petitioner’s mother has paid an amount of Rs.10,50,000/- and issued a post dated cheque for the remaining amount of Rs.5,30,000/-. Therefore, the third respondent has no subsisting grievance against the petitioner. 7. On an overall consideration of the facts, the rival submissions made across the Bar, and the materials placed on record, particularly considering the fact that the petitioner has been in judicial custody for the last 60 days, the investigation in the case is complete and recovery has been effected, and furthermore the subject matter in dispute between the petitioner and the third respondent has been settled as per the affidavit dated 17.7.2024 executed by the third respondent, I am of the firm view that the petitioner’s further detention is unnecessary. Hence, I am inclined to ``` 6 ``` ## **B.A. No.5258 of 2024** allow the bail application, but 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.50,000/- (Rupees fifty thousand 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: (i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m till the final report is laid. He shall also appear before the Investigating Officer as and when directed; (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 ``` 7 ``` ## **B.A. No.5258 of 2024** 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 to the effect before the court below on the date of execution of the bond; (v) 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. ``` 8 ``` ## **B.A. No.5258 of 2024** (vi) 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 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/-** rmm/18/7/2024 **C.S.DIAS, JUDGE**