Heard Sri v. Philip Mathews

BY ADV. SRI.V.PHILIP MATHEWS RESPONDENT/STATE: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031. SMT.NIMA JACOB, P.P. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B. A. No. 172/2024 ..2.. MOHAMMED NIAS C. P. , J. ========================= B. A. No. 172 of 2024 ========================= Dated this the 17th day of January, 2024 O R D E R This is a second application filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail. The petitioner is the second accused in Crime No. 881/2023 of Aranmula Police Station, Pathanamthitta, registered for having committed offences punishable under Sections 406, 409 & 420 r/w 34 of the Indian Penal Code and Sections 3 read with Section 21, 4 read with Section 22 and 5 read with Sections 21, 4 r/w 22, 5 r/w 23 of the Banning of Unregulated Deposit Schemes Act, 2019 (BUDS Act, 2019). The petitioner has been in custody since 10.12.2023.

2. The gist of the prosecution case is that accused Nos. 1 & 2 were conducting a finance company at Aranmula, and the first accused dishonestly induced the de-facto complainant to deposit an amount of Rs.10,00,000/- promising to pay interest at the rate of 10%; but the B. A. No. 172/2024 ..3.. accused failed to pay the interest and refused to return the principal amount. Thus, the accused have committed the above offences.

3. Heard Sri. V. Philip Mathews, learned counsel appearing for the petitioner and Smt.Nima Jacob, learned Public Prosecutor appearing for the respondent.

4. The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 10.12.2023, and continued custody of the petitioner is unnecessary.

5. The learned Public Prosecutor opposed the application and points out that the petitioner is not entitled to get bail.

6. Taking note of the fact that the petitioner has been in custody since 10.12.2023, that the petitioner has been granted bail as per Anx.A-4 in Crime No. 840/2023 of Aranmula Police Station alleging similar offences, that the first accused was granted bail in Crime No.881/2023 as per order dated 12.1.2024 in B.A.No.56/2024, I am inclined to grant bail to the petitioner. Accordingly, this application is allowed, and the B. A. No. 172/2024 ..4.. petitioner is granted bail subject to the following conditions:- i. The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction; one of the sureties shall be a parent or close relative of the petitioner. ii. The petitioner shall appear before the Investigating Officer on every alternate Saturday between 9 A.M. and 11 A.M. for three months or till the charge sheet is filed, whichever is earlier. iii.The petitioner shall neither intimidate or attempt to influence the witnesses nor tamper with the evidence or do anything that might adversely affect the trial. iv.The petitioner shall not commit any offence while on bail. v. The petitioner shall not leave the State of Kerala without the permission of the Court having jurisdiction. vi.The petitioner shall surrender her Passport, if any, within seven days from the date of her release before the Court concerned, and if the release of the Passport is required at a later period, the B. A. No. 172/2024 ..5.. petitioner shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If the petitioner has no Passport, she shall file an affidavit to that effect before the court concerned on the date of execution of the bond or within three days thereafter. vii.The petitioner shall furnish her present address and mobile number to the Court concerned and the Investigating Officer. viii.In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law. It is made clear that it is within the power of police to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner, even when the petitioner is on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State ( NCT of Delhi) and another [2021 (1) KHC 663]. Sd/- MOHAMMED NIAS C. P., JUDGE MMG B. A. No. 172/2024 ..6.. APPENDIX OF BAIL APPL.NO.172/2024 PETITIONER'S ANNEXURES: ANNEXURE A 1 TRUE COPY OF FIR NUMBER 881/2023 OF ARANMULA POLICE STATION ANNEXURE A 2 TRUE COPIES OF TWO REPORTS DATED 23- 09-2023 BY SHO, ARANMULA ANNEXURE A 3 ANNEXURE A 4 ANNEXURE A 5 ANNEXURE A 6 ANNEXURE A 7 TRUE COPY OF ORDER DATED 26-10-2023 IN BA NO.8300/2023 PASSED BY THIS HONOURABLE HIGH COURT TRUE COPY OF THE ORDER DATED 24-11- 2023 IN BA NO.9722/2023 GRANTING BAIL IN CRIME NO.840/2023 OF ARANMULA POLICE STATION TRUE COPY OF THE ORDER DATED 21-11- 2023 IN BA 9453/2023 PASSED BY THIS HONOURABLE COURT TRUE COPY OF THE ORDER DATED 07-12- 2023 PASSED BY THIS HONOURABLE COURT IN B A NO. 9454/2023, 9597/2023 9605/2023, 9607/2023, 9613/2024 AND TRUE COPY OF THE ORDER IN CRL M.P 8636/2023 DATED 23-12-2023 BY THE COURT OF THE ADDITIONAL DISTRICT & SESSIONS JUDGE-III (BUDS ACT SPECIAL COURT), PATHANAMTHITTA B. A. No. 172/2024 ANNEXURE A 8 ..7.. TRUE COPY OF THE ORDER DATED 03-01- 2024 IN CRL M P NUMBER 9099/2023 COURT OF THE ADDITIONAL DISTRICT & SESSIONS JUDGE-III (BUDS ACT SPECIAL COURT), PATHANAMTHITTA ANNEXURE A 9 TRUE COPY OF ORDER DATED 19-12-2023 IN BA 11059/2023 PASSED BY THIS HONOURABLE COURT ANNEXURE A 10 TRUE COPY OF ORDER IN BA 9437/2023 BY THIS HONOURABLE COURT ANNEXURE 11 ORDER DATED 24-11-2023 IN BAIL APPL.9722/2023 ON HIGH COURT