# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`**
```
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
```
```
TUESDAY, THE 4[TH] DAY OF JULY 2023 / 13TH ASHADHA, 1945
BAIL APPL. NO. 3368 OF 2022
```
## **`PETITIONER/S:`**
```
SIBY THOMAS, AGED 38 YEARS
AREEPLAVAN HOUSE, ELLUMPURAM KARA, MUTTOM, IDUKKI
DISTRICT., PIN - 685587
```
```
BY ADV LATHEESH SEBASTIAN
```
## **`RESPONDENT/S:`**
```
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
```
```
BY ADV PUBLIC PROSECUTOR
```
## **`OTHER PRESENT:`**
```
SMT.MAYA M.N.
```
```
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.07.2023, ALONG WITH Bail Appl..1830/2022, 4323/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
```
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B.A.Nos. 4323 of 2021, 1830, 3368, 3869 & 3881 of 2022
## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`**
```
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
```
```
TUESDAY, THE 4[TH] DAY OF JULY 2023 / 13TH ASHADHA, 1945
BAIL APPL. NO. 1830 OF 2022
```
## **`PETITIONER/S:`**
```
SIBY THOMAS
AGED 38 YEARS
AREEPLAVAN HOUSE, ELLUMPURAM KARA, MUTTOM,
THODUPUZHA, PIN - 685584
```
```
BY ADV LATHEESH SEBASTIAN
```
## **`RESPONDENT/S:`**
```
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA
ERNAKULAM, PIN - 682031
BY ADV PUBLIC PROSECUTOR
```
## **`OTHER PRESENT:`**
```
SMT.MAYA M.N.
```
```
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.07.2023, ALONG WITH Bail Appl..3368/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
```
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B.A.Nos. 4323 of 2021, 1830, 3368, 3869 & 3881 of 2022
# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
# **`PRESENT`**
```
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
```
```
TUESDAY, THE 4[TH] DAY OF JULY 2023 / 13TH ASHADHA, 1945
BAIL APPL. NO. 4323 OF 2021
```
## **`PETITIONER/S:`**
```
1SIBY THOMAS,AGED 37 YEARS
S/O.THOMAS, AGED 37 YEARS, AREEPLAVAN HOUSE,
ELLUMPURAM KARA, MUTTOM P.O., MUTTOM, THODUPUZHA,
IDUKKI DISTRICT - 685584.
IDUKKI, PIN - 685584
2ASWATHYKUTTY.K.,AGED 32 YEARS
D/O CHANDRABOSE K.S., AGED 32 YEARS,
KIZHAKKETHURUTHIL HOUSE, MELUKAVU MATTOM KARA,
MELUKAVU VILLAGE, MEENACHIL TALUK, KOTTAYAM
DISTRICT - 686652.
KOTTAYAM, PIN - 686652
BY ADV LATHEESH SEBASTIAN
1STATE OF KERALA, REPRESENTED BY PUBLIC
PROSECUTOR,HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031
2LIGIMOL, AGED 32 YEARS
W/O ALBIN MATHEW, MOOKKANTHOTTATHIL HOUSE,
CHILAVU P.O., KARIMANNOOR, THODUPUZHA, IDUKKI
DISTRICT - 685588.
3ALBIN MATHEW,AGED 35 YEARS, S/O MATHEW,
MOOKKANTHOTTATHIL HOUSE, CHILAVU P.O.,
KARIMANNOOR, THODUPUZHA,
IDUKKI DISTRICT - 685588.
BY ADV PUBLIC PROSECUTOR
```
## **`RESPONDENT/S:`**
## **`OTHER PRESENT:`**
```
SMT.MAYA M.N.
```
```
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.07.2023, ALONG WITH Bail Appl..3368/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
```
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# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`**
## **`PRESENT`**
## **`THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN`**
```
TUESDAY, THE 4[TH] DAY OF JULY 2023 / 13TH ASHADHA, 1945
BAIL APPL. NO. 3869 OF 2022
```
## **`PETITIONER/S:`**
```
ASWATHYKUTTY, AGED 32 YEARS
DAUGHTER OF CHANDRABOSS, RESIDING
KIZHAKKETHURUTHIL HOUSE, MELUKAVU MATTOM P.O,
MENACHIL TALUK,KOTTAYAM DISTRICT, PIN - 696652
BY ADV LATHEESH SEBASTIAN
```
## **`RESPONDENT/S:`**
```
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
```
```
BY ADV PUBLIC PROSECUTOR
```
## **`OTHER PRESENT:`**
```
SMT.MAYA M.N.
```
```
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.07.2023, ALONG WITH Bail Appl..3368/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
```
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B.A.Nos. 4323 of 2021, 1830, 3368, 3869 & 3881 of 2022
## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`**
```
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
```
```
TUESDAY, THE 4[TH] DAY OF JULY 2023 / 13TH ASHADHA, 1945
BAIL APPL. NO. 3881 OF 2022
```
## **`PETITIONER/S:`**
```
ASWATHIKUTTY
AGED 32 YEARS
DAUGHTER OF CHANDRABOSS, RESIDING
KIZHAKKETHURUTHIL HOUSE, MELUKAVU MATTOM P.O,
MENACHIL TALUK,KOTTAYAM DISTRICT, PIN - 696652
BY ADV LATHEESH SEBASTIAN
```
## **`RESPONDENT/S:`**
```
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV PUBLIC PROSECUTOR
```
## **`OTHER PRESENT:`**
```
SMT.MAYA M.N.
```
```
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.07.2023, ALONG WITH Bail Appl..3368/2022 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
```
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B.A.Nos. 4323 of 2021, 1830, 3368, 3869 & 3881 of 2022
## **P.V.KUNHIKRISHNAN, J.**
====================================================== B.A.Nos. 4323 of 2021, 1830, 3368, 3869 & 3881 of 2022 ============================================================= Dated this the 4[th] day of July, 2023
## **ORDER**
These bail applications are connected and therefore, I am disposing of these bail applications by a common judgment.
2. The petitioners in these bail applications are accused in Crime Nos. 568 of 2021, 455 of 2022, 10 of 2022, 734 of 2022 and 702 of 2022 of Thodupuzha police station. It is submitted that now the case is investigating by the Kanjur police station. All these cases are registered alleging offences punishable under Sections 420, 465, 468 and 471 IPC.
3. The prosecution case is that the _de facto_ complainant borrowed money from the accused and the _de facto_ complainant issued blank cheque leaves as security. Subsequently, the accused presented the cheque leaves to the bank and thereafter a compliant was filed alleging that the same was dishonoured.
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4. Heard the counsel for the petitioners and the Public Prosecutor.
5. These bail applications are pending before this Court from 2022 onwards. It is submitted that the 1[st] petitioner in BA No.4323 of 2021 is already arrested and subsequently released on bail. The counsel for the petitioners submitted that he is not pressing the bail application of the 1[st] petitioner in BA No.4323 of 2021.
6. As far as the other cases are concerned, I think the petitioners can be directed to surrender before the investigating officer. The Public Prosecutor submitted that the investigation is going on. If that be so, the petitioners can be directed to surrender before the investigating officer so that the investigation can be completed. If the arrest of the petitioners are necessary, there can be a direction to release them on bail.
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**
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**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.
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:
1. Petitioners shall appear before the Investigating Officer
within ten days from today and shall undergo interrogation;
2. After interrogation, if the Investigating Officer proposes to arrest the petitioners, they shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the officer concerned;
3. Petitioners shall appear before the Investigating Officer for interrogation as and when required. The petitioners shall co-operate with the investigation and shall not, directly or indirectly make any
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inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;
4. Petitioners shall not leave India without permission of the
jurisdictional Court;
5. Petitioners shall not commit an offence similar to the offence
of which they are accused, or suspected, of the commission of which they are suspected;
6. If any of the above conditions are violated by the petitioners, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court.
sd/-
## **P.V.KUNHIKRISHNAN**
**JUDGE**
das
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B.A.Nos. 4323 of 2021, 1830, 3368, 3869 & 3881 of 2022
## **`APPENDIX OF BAIL APPL. 1830/2022`**
|`PETITIONER`|`ANNEXURES`|
|---|---|
|`Annexure1`|`TRUE COPY OF THE FIR IN CRIME`|
||`NO.10/2022 OF THODUPUZHA POLICE STATION`|
|`Annexure2`|`TRUE COPY OF MONEY LENDING LICENCE OF`|
||`THE PETITIONER`|
|`Annexure3`|`TRUE COPY OF THE COMMUNICATION DETAILS`|
||`GIVEN BY THE WIFE OF THE DEFACTO`|
||`COMPLAINANT`|
|`Annexure4`|`TRUE COPY OF THE LOAN APPLICATION DATED`|
||`09.12.2019`|
|`Annexure5`|`TRUE COPY OF THE LOAN ACCOUNT STATEMENT`|
|`Annexure6`|`TRUE COPY OF THE CHEQUE ISSUED BY THE`|
||`WIFE OF THE DEFACTO COMPLAINANT DATED`|
||`25.07.2020`|
|`Annexure7`|`TRUE COPY OF THE DISHONOUR MEMO`|
|`Annexure8`|`TRUE COPY OF THE LAWYER NOTICE DATED`|
||`18.08.2020`|
|`Annexure9`|`TRUE COPY OF THE ACKNOWLEDGEMENT CARD`|
|`Annexure10`|`TRUE COPY OF THE COMPLAINT IN C.C`|
||`NO.657/2020 OF CJM COURT, THODUPUZHA`|
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## **`APPENDIX OF BAIL APPL. 3869/2022`**
```
PETITIONER ANNEXURES
Annexure1TRUE COPY OF THE CITIZEN COPY OF FIR IN
CRIME NO. 734 /2022 OF THODUPUZHA
POLICE STATION
```
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## **`APPENDIX OF BAIL APPL. 3881/2022`**
```
PETITIONER ANNEXURES
Annexure1TRUE COPY OF THE CITIZEN COPY OF FIR IN
CRIME NO. 702 /2022 OF THODUPUZHA
POLICE STATION
```
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B.A.Nos. 4323 of 2021, 1830, 3368, 3869 & 3881 of 2022
## **`APPENDIX OF BAIL APPL. 3368/2022`**
```
PETITIONER ANNEXURES
Annexure1TRUE COPY OF THE FIR IN CRIME NO.
455/2022 OF THODUPUZHA POLICE STATION
```
