Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 14TH DAY OF OCTOBER 2022 / 22ND ASWINA, 1944 BAIL APPL. NO. 7991 OF 2022 PETITIONERS/ACCUSED NOS.1 & 2:
1 HARSHAKUMAR B, AGED 45 YEARS S/O BHARGHAVAN, VIGNESWARA, SEEMAVILA, VENCODE P.O., VATTAPARA, THIRUVANANTHAPURAM DISTRICT, KERALA , PIN - 695028 2 REENA P, AGED 38 YEARS W/O HARSHAKUMAR, VIGNESWARA, SEEMAVILA, VENCODE P.O., VATTAPARA, THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695028 BY ADVS.
ARUN CHAND VINAYAK G MENON BHARAT VIJAY P.
THAREEQ ANVER K.
K.SALMA JENNATH MAJID MUHAMMED K.
MINU VITTORRIA PAULSON RESPONDENTS/STATE:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER MUSEUM POLICE STATION, THIRUVANANTHAPURAM DISTRICT , PIN - 695033 OTHER PRESENT:
PP - SRI. M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No. 7991 of 2022 2 VIJU ABRAHAM, J.
------------------- B.A. No. 7991 of 2022 ---------------------------------- Dated this the 14th day of October, 2022 ORDER Application for anticipatory bail.
2. Petitioners are accused Nos. 1 and 2 in Crime No.861 of 2022 of Museum Police Station, Thiruvananthapuram District registered alleging commission of offences punishable under Sections 409 and 420 r/w 34 of IPC.
3. The prosecution allegation is that, in order to deceive the defacto complainant for obtaining money from him for starting their quarry establishment and in-return agreed to supply stones from the aforesaid quarry and thereby on 24.09.2020, the accused persons entered into an agreement with the defacto complainant for the supply of stones from their quarry to the defacto complainant at the rate of Rs.325/- per ton including GST and agreed to supply 600 ton per day on the said date of agreement, the defacto
B.A. No. 7991 of 2022 3 complainant had given an amount of Rs.24,00,000/- and they failed either to supply stones or the money advanced, and thereby committed the aforesaid offences.
4. The petitioners submit that they have been falsely implicated in the above said crime by the defacto complainant due to their influence in the Police. The petitioners are the Managing Partners of a partnership firm dealing in granite stone quarry. Annexure-A2 is the registration certificate issued by the Department of Registration for running the business. Petitioners obtained all the requisite permissions and sanctions from the department concerned for conducting the business of quarry, including Annexure-A3 quarry permit. No agreement has been executed between the petitioners and the defacto complainant. It is true that on 15.10.2019 the 1st petitioner entered into an agreement with one Shihabudheen and the defacto complainant for supply of large stones from the quarry of the petitioners and agreed for an advance
B.A. No. 7991 of 2022 4 amount of Rs.30,00,000/-, and on that date of agreement a cheque was issued to the 1st petitioner, when the cheque sent for collection, the same was dishounoured for want of sufficient funds.
Petitioners have issued notice in this regard, and it is thereafter that the present complaint is registered. It is also submitted that a suit is also filed by the 1st petitioner O.S.No.289 of 2022 claiming the value of the rubble stones supplied by him. Due to the said reason that the petitioners are arrayed as accused.
5. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
Having regard to the facts and circumstances of the case, and nature of the allegations, I feel that custodial interrogation may not be required for the purpose of investigation. I am inclined to grant anticipatory bail to the petitioners, but on stringent conditions. The above bail application is allowed with the following directions. The petitioners
shall
surrender
before
the
B.A. No. 7991 of 2022 5 investigating officer on 20.10.2022 and make themselves available for interrogation. In the event of arrest of the petitioners in Crime No.861 of 2022 of Museum Police Station, they shall be produced before the jurisdictional Magistrate on the same day and be released on bail on the following conditions:
(i) The petitioners shall execute a bond for sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;
(ii) The petitioners shall appear before the investigating officer in Crime No.861/2022 of Museum Police Station as and when summoned to do so;
(iii) The petitioners shall co-operate with the investigation and make themselves available for interrogation whenever so required;
(iv) The petitioners shall not tamper with any evidence;
(v) The petitioners shall not directly or indirectly make any inducement, threat or promise to any witness acquainted them from disclosing such facts to the court or to any police officer;
B.A. No. 7991 of 2022 6 (vi) The petitioners shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the Investigating Officer in Crime No.861/2022 of Museum Police Station, may file an application before the jurisdictional court for cancellation of bail.
sd/- VIJU ABRAHAM,JUDGE pm