Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 1ST DAY OF SEPTEMBER 2022 / 10 TH BHADRA, 1944 BAIL APPL. NO. 6584 OF 2022 (Crime No. 773/2022 of Aluva East Police Station) PETITIONER/ACCUSED:
SACHEN MOHAN KUNJAN H NO 146 GURUDWAR ROAD MANGOR HILL VASCO VTC MORMUGAO, PO GOA PANAJI SOUTH GOA, PIN - 403802 BY ADVS.
D.FEROZE C.J.JIYAS K.A.ABIDALI T.S.KRISHNENDU PREETI S.
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682 031, PIN – 682031.
OTHER PRESENT:
PP - SRI. M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 6584 OF 2022 2 VIJU ABRAHAM, J BA No.6584 of 2022 Dated this the 1 st day of September 2022 O R D E R This is an application for anticipatory bail.
2.
The petitioner is arrayed as the accused in Crime No.
773/2022 of Aluva East Police Station, alleging commission of offences punishable under Sections 170, 419, 342, 380 and 201 r/w Section 34 of IPC.
3. The prosecution allegation is that with an intention to cheat the defacto complainant, 4 persons impersonated themselves as GST Officers and on 5/6/2022 at 11:45 pm, they have trespassed into the house of the de facto complainant and restrained the de facto complainant and his family and conducted a search at the office room of the de facto complainant and seized certain documents including cheque book, pass book, PAN Card, and medical insurance documents and the documents related to GST returns and also taken Rs.1,80,000/- and 394 gms of gold ornaments worth Rs.19 lakhs and also taken the DVR of the CCTV and thereby committed the
BAIL APPL. NO. 6584 OF 2022 3 aforesaid offences.
4.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5.
The learned counsel for the petitioner submitted that the crime has been registered based on 4 identifiable persons earlier and further submitted that he has no role in the commission of the alleged offence and the petitioner is the childhood friend of the 2 nd accused and he came along with the second accused for attending a marriage function.
6.
The learned Public Prosecutor opposed the application for bail mainly contending that the offences alleged against the petitioner are very serious and the petitioner has an active role in the planning of the alleged offence and as per the prosecution allegation, the petitioner enquired about the gold business of the defacto complainant before the alleged criminal act has committed. The further case of the petitioner is that a crime has been registered against the defacto complainant as Crime No:60/2022 of Vasco Police Station, South Goa.
7.
Considering the facts and circumstances of the case and the nature of allegations, I am not inclined to grant
BAIL APPL. NO. 6584 OF 2022 4 anticipatory bail to the petitioner. I dispose of the anticipatory bail application with the following directions:
Petitioner shall surrender before the investigating officer and after interrogation, he shall be produced before the Jurisdictional Magistrate on the very same day and if the petitioner moves an application for bail with advance copy to the learned Public Prosecutor, the bail application shall be considered by the Jurisdictional Magistrate, preferable on the very same day.
sd/- VIJU ABRAHAM, JUDGE R.AV