Shareef v. State of Kerala

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 16[TH] DAY OF APRIL 2024 / 27TH CHAITHRA, 1946 BAIL APPL.NO.2793 OF 2024 ``` ``` CRIME NO.359/2024 OF NADAKKAVU POLICE STATION, KOZHIKODE AGAINST THE ORDER DATED 26.03.2024 IN CRMP NO.509 OF 2024 OF DISTRICT COURT & SESSIONS COURT, KOZHIKODE ``` ## **`PETITIONER/ACCUSED:`** ``` SHAREEF, AGED 24 YEARS S/O.ASHRAF, VELLAPULI HOUSE, POTTASSERI, KANJIRAM, MANNARKKAD, PALAKKAD DISTRICT, PIN - 678598 ``` ``` BY ADV RAJESH NAMBIAR ``` ## **`RESPONDENT/COMPLAINANT:`** ``` STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031 ``` ``` BY SMT.C.SEENA, PUBLIC PROSECUTOR ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON ``` ``` 16.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A. No.2793 of 2024 2 ## **`P.V.KUNHIKRISHNAN, J.`** ``` ------------------------------------------- B.A.No.2793 of 2024 ``` ``` ------------------------------------------- Dated this the 16[th] day of of April, 2024 ``` ## **`O R D E R`** ``` Petitioner is the accused in Crime No.359/2024 of Nadakkavu Police Station. The above case is registered alleging offences punishable under Sections 408 & 120 of the Indian Penal Code. ``` ``` 2. The prosecution case is that the accused, who is was the Manager of Image Mobiles and ComputersatMavoorRoad,Kozhikode, misappropriated a sum of Rs.60,00,000/- by collecting money from the customers and the suppliers for materials without the consent of the management and transferred the amount to his account and that of his sister’s account from 02.06.2020 onwards. The learned counsel for the petitioner submits that the accused was arrested ``` B.A. No.2793 of 2024 3 ``` on 13.03.2024 and he is custody since then. ``` ``` 3. Heard the learned counsel for the petitioner, the learned Public Prosecutor and also the learned counsel appearing for the victim. ``` ``` 4. The learned counsel for the petitioner submits that the petitioner is in custody from 13.03.2024 onwards. It is submitted that the allegations against the petitioner are not correct. The learned counsel also submits that the petitioner is ready to abide any conditions if this Court release him on bail. ``` ``` 5. The learned Public Prosecutor seriously opposed the bail application. The learned Public Prosecutor submits that huge amount is misappropriated by the petitioner and the petitioner may not be released on bail. ``` ``` 6. This Court considered the contentions of the petitioner and the learned Public Prosecutor. ``` B.A. No.2793 of 2024 4 ``` It is true that the allegations against the petitioner is very serious in nature. But it is a fact that the petitioner is in custody from 13.03.2024 onwards. The allegations against the petitioner is to be proved through oral evidence and documentary evidence. This Court is of the opinion that indefinite incarceration of the petitioner is not necessary. But there can be a direction to the petitioner to appear before the Investigating Officer till final report is filed. ``` ``` 7. 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 ``` B.A. No.2793 of 2024 5 ``` exception so as to ensure that the accused has the opportunity of securing fair trial. ``` ``` 8. 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: ``` ``` i. Petitioner shall be released on bail on 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 jurisdictional Court. ``` ``` ii. 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 ``` B.A. No.2793 of 2024 6 ``` facts to the Court or to any police officer. ``` ``` iii. Petitioner shall not leave India without permission of the jurisdictional Court. ``` ``` iv. Petitioner shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which he is suspected. ``` ``` v. The petitioner shall appear before the investigating officer on all Mondays, Wednesdays and Fridays at 10 a.m till final report is filed. ``` ``` vi. 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. ``` ## **`Sd/-`** ``` P.V.KUNHIKRISHNAN ``` ``` sp/16/04/2024 ``` B.A. No.2793 of 2024 7 B.A. No.2793 of 2024 8 ## **`APPENDIX OF BAIL APPL. 2793/2024`** ## **`PETITIONER'S EXHIBITS:-`** ``` Annexure A ``` ``` TRUE COPY OF THE ORDER OF THE COURT OF SESSIONS, KOZHIKODE DIVISION DATED 26.03.2024 IN CRL.M.P. NO. 509/2024 IN CRIME NO. 359/2024 OF NADAKKAVU POLICE STATION ``` ## **`Annexure B`** ``` TRUE COPY OF THE COMPLAINT DATED 8.3.2024 ALONG WITH THE ACKNOWLEDGMENT CARD ```