Vinuraj v. State of Kerala; Nibin, Jomon George and Akhil v. State of Kerala (Bail Applications Nos. 1659/2024 and 1726/2024, High Court of Kerala)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: C.S. Dias
Judgment Date: 2024-03-14
Court Decision / Holding: The petitions are allowed; the petitioners to be released on bail on bond of Rs. 50,000 with two solvent sureties for the same amount, subject to conditions: (i) appearance before the IO every Saturday for one month or till final report, (ii) no inducement/threat to witnesses, (iii) no commission of offences while on bail, (iv) surrender of passport if any (or affidavit, if none), (v) provision of present and permanent addresses and mobile numbers, (vi) power to cancel/modify bail for breaches, and (vii) IO may investigate or recover information even while on bail as per Sushila Aggarwal principle.
Final Disposition: Bail granted

Parties to the Case

Appellants / Petitioners

Vinuraj
Nibin
Jomon George
Akhil

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala

Legal Representation & Advocates

Counsels for Petitioners

• Nirmal V. Nair
• Anees T.

Counsels for Respondents

• C. S. Hrithwik
• Smt. Neema T. V.
• Public Prosecutor

Case Synopsis & Summary

Two bail petitions under Section 439 CrPC were heard together by Justice C. S. Dias in the Kerala High Court arising from Crime No. 214/2024 of the Punalur Police Station, Kollam. The petitioners in Bail Appl. Nos. 1659/2024 (Vinuraj) and 1726/2024 (Nibin, Jomon George, Akhil) are accused Nos. 2, 3, 4 and 7 in a case involving alleged abduction of Shyam Kumar, his wrongful confinement, and a ransom demand of Rs 20 lakh, with the offences under 341, 363, 364A and 365 read with 34 IPC. They have been in custody since 10 February 2024. The prosecution describes the abductee as a person with a large number of prior cheating cases (about 250). The petitioners argued false involvement and challenged the inclusion of 364A and 365 to deny bail; they asserted investigation was nearly complete and recovery had been made. The Public Prosecutor urged caution, noting ongoing investigation and the abductee’s criminal antecedents but conceding the investigation was progressing. The court found the material not to be strongly against the petitioners, noted the custody period and near-completion of investigation, and granted bail with conditions including bond, two sureties, weekly IO appearances, no intimidation or tampering with witnesses, passport surrender where applicable, and the power to cancel/modify bail. The order cites Sushila Aggarwal for the permissible scope of bail conditions and IO power.

Provisions of Law Cited

Section 439 of the Code of Criminal Procedure, 1973Sections 341, 363, 364A, 365 r/w Section 34 of the Indian Penal Code

Legal Doctrines & Maxims

Common intention under IPC Section 34
Sushila Aggarwal v. State (NCT of Delhi) and Anr., 2020 (1) KHC 663 (cited for bail conditions and Investigating Officer powers)

Submissions & Arguments

Contentions of Appellants / Petitioners

Petitioners contended false implication and that offences under 364A and 365 were added to deny bail; the abductee is alleged to be involved in about 250 cheating cases; petitioners have been in judicial custody since 10.02.2024; investigation is practically complete and recovery has been effected; sought bail on appropriate terms.

Contentions of Respondents

State contended investigation is ongoing; abductee has substantial prior criminal antecedents; nonetheless, the investigation was progressing and grant of bail could be considered with appropriate conditions.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Sushila Aggarwal v. State (NCT of Delhi) and Anr.	2020 (1) KHC 663	Positive	Cited as authority for permissible bail conditions and for allowing continued investigation/recoveries during bail per Supreme Court guidance.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE C.S.DIAS** **THURSDAY, THE 14[TH] DAY OF MARCH 2024 / 24TH PHALGUNA, 1945** ## **BAIL APPL. NO. 1659 OF 2024** **CRIME NO.214/2024 OF Punalur Police Station, Kollam** **AGAINST THE ORDER/JUDGMENT DATED 26.02.2024 IN CRMC NO.312 OF 2024 OF DISTRICT COURT & SESSIONS COURT,KOLLAM ARISING OUT OF THE ORDER/JUDGMENT DATED 17.02.2024 IN CMP NO.626 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II(FOREST OFFENCES),PUNALUR PETITIONER/S:** **VINURAJ, AGED 36 YEARS S/O ARJUNAN, RESIDING AT ANU COTTAGE, NEELAMMAL, KARAVALOOR P.O, KARAVALOOR VILLAGE, KOLLAM DISTRICT, PIN - 691333** **BY ADVS. NIRMAL V NAIR ANEES.T** ## **RESPONDENT/S:** **STATE OF KERALA,** **REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031** ## **OTHER PRESENT:** ## **SR PP SRI C S HRITHWIK** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.03.2024,ALONG WITH BA NO.1726/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** BAIL APPL. NO. 1659 & 1726 OF 2024 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE C.S.DIAS** **THURSDAY, THE 14[TH] DAY OF MARCH 2024 / 24TH PHALGUNA, 1945 BAIL APPL. NO. 1726 OF 2024** **CRIME NO.214/2024 OF Punalur Police Station, Kollam** **AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl. NO.1687 OF 2024 OF HIGH COURT OF KERALA** ## **PETITIONER/S:** **1 NIBIN AGED 31 YEARS S/O RAJU JOSEPH, RAJI VILASOM, MATHRA PO KARAVALLOOR VILLAGE, PIN - 691333** **2 JOMON GEORGE AGED 35 YEARS S/O GEORGE, JOLLY VILASOM KARAVALLOOR PO, KARAVALLOR VILLAGE, PIN - 691333** **3 AKHIL AGED 24 YEARS S/O ANI, REMYA VILASOM, MATHRA PO, KARAVALLOOR VILLAGE, PIN - 691333** ## **BY ADV RAMEEZ NOOH** ## **RESPONDENT/S:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031** ## **OTHER PRESENT:** ## **SR PP SMT NEEMA T V** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.03.2024, ALONG WITH BA NO.1659/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** BAIL APPL. NO. 1659 & 1726 OF 2024 3 ## **COMMON ORDER** The applications are filed under Section 439 of the Code of Criminal Procedure, 1973, by the accused nos. 2, 3, 4 and 7 in Crime No.214/2024 of the Punalur Police Station, Kollam, registered against the accused (seven in number) for allegedly committing the offences punishable under Secs.341, 363, 364(A), 365 r/w Sec.34 of the Indian Penal Code (in short, 'IPC'). The petitioners were arrested on 10.02.2024. 2. The crux of the prosecution case is that: on 09.02.2024 at around 20.30 hours, the accused in furtherance of their common intention waylaid the car in which the defacto complainant's friend named Shyam Kumar was traveling, and the accused abducted him and took him to an unknown place and wrongfully confined him there. Then, the accused demanded Rs.20/- lakh as ransom. Thus, the accused have committed the above BAIL APPL. NO. 1659 & 1726 OF 2024 4 offences. 3. Heard; Sri.Nirmal V.Nair and Rameez Nooh, the learned counsel appearing for the petitioners and Sri.C.S.Hrithwik and Smt.Neema T.V., the learned Public Prosecutors. 4. The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the crime. The offences under Sections 364 (A) and 365 have been deliberately incorporated to deny bail to the petitioners. In fact, the petitioners are the victims in the above crime. The alleged abductee named Shyamkumar is involved in 250 crimes for receiving money from different persons by promising admissions for the Medical and Nursing courses in the State of Karnataka. It is when the petitioners demanded the abductee to return the said money to the persons from BAIL APPL. NO. 1659 & 1726 OF 2024 5 whom received the amounts, he has deliberately got the present case registered as a counter blast and to avoid the return of the money. In any given case, the petitioners have been in judicial custody for the last one month, the investigation in the case is practically complete and recovery has been effected. Therefore, the petitioners may be released on bail. 5. The learned Public Prosecutors opposed the applications. They submitted that the investigation is in progress. Nonetheless, they conceded to the fact that the alleged abductee is an accused in 250 cases for cheating the public at large promising Medical and Nursing admissions in the State of Karntaka. 6. The gravamen of the prosecution allegation is that, the accused 1 to 7 in furtherance of their common intention had abducted the abductee and demanded a BAIL APPL. NO. 1659 & 1726 OF 2024 6 ransom of Rs.20/- lakh. Going by the admitted antecedents of the abductee, it is seen that he is involved in 250 cases for cheating the public by assuring them admissions for Medical and Nursing courses in the State of Karnataka. This prima facie persuades this Court to perceive that the accusations leveled against petitioners may not be correct. Nonetheless, taking into account the fact that the petitioners have been in judicial custody since 10.02.2024, the investigation in the case is practically complete and that recovery has been effected, I am of the definite view that the petitioners' continued detention is unnecessary. Hence, I am inclined to allow the bail application. In the result, the application is allowed, by directing the petitioners to be released on bail on them executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with BAIL APPL. NO. 1659 & 1726 OF 2024 7 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 petitioners shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of one month or till the final report is laid, whichever is earlier. They shall also appear before the Investigating Officer as and when required; - (ii) The petitioners 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 them from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever; - (iii) The petitioners shall not commit any offence while they are on bail; - (iv) The petitioners shall surrender their passport, if any, before the court below at the time of execution of the bond. If they have no passport, they shall file an affidavit to the effect before the court below on the date of execution of the bond; BAIL APPL. NO. 1659 & 1726 OF 2024 8 - (v) The petitioners shall furnish their present address and permanent address, and their mobile phone numbers to the court below and the Investigating Officer; - (vi) 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. - (vii) 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 petitioners even while the petitioners are on bail as laid down by the Hon'ble Supreme Court in **Sushila Aggarwal v. State (NCT of Delhi) and Anr.** [2020 (1) KHC 663]. sd/- ## **C.S.DIAS, JUDGE** rkc/14.03.24 BAIL APPL. NO. 1659 & 1726 OF 2024 9 ## **APPENDIX OF BAIL APPL. 1659/2024** ## **PETITIONER ANNEXURES** **Annexure A1 A TRUE COPY OF THE F.I.R DATED 10-02-2024 IN CRIME NO.214/2024 OF THE PUNALUR POLICE STATION** **Annexure A2 A TRUE COPY OF THE REMAND REPORT DATED 11.02.2024 IN CRIME NO. 214/2024 OF PUNALUR POLICE STATION** **Annexure A3 A TRUE COPY OF THE AFFIDAVIT DATED 13-022024 SWORN BY THE ABDUCTEE** **Annexure A4 A TRUE COPY OF THE ORDER DATED 17-2-2024 IN CMP NO. 626/2024 ISSUED BY THE JUDICIAL MAGISTRATE OF FIRST CLASS - II, PUNALUR** **Annexure A5 A TRUE COPY OF THE ORDER DATED 26-2-2024 IN CRL.MC NO. 312/2024 ISSUED BY THE PRINCIPAL SESSIONS JUDGE, KOLLAM** BAIL APPL. NO. 1659 & 1726 OF 2024 10 ## **APPENDIX OF BAIL APPL. 1726/2024** ## **PETITIONER ANNEXURES** **Annexure A1 TRUE COPY OF THE FIR IN CRIME NO. 214/2024 OF PUNALUR POLICE STATION, KOLLAM DISTRICT DTD. 10.02.2024** **Annexure A2 . TRUE COPY OF THE ORDER DTD. 26.02.2024 IN CRL.MC NO. 312/2024 PASSED BY THE HON'BLE SESSION'S COURT, KOLLAM** BAIL APPL. NO. 1659 & 1726 OF 2024 11