Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY,THE29H DAY OF SEPTEMBER20147TH ASWINA, 1936 Bail Appl..No. 7001 of 2014 () ------------------------------- CRIME NO. 570/2014 OF MANANTHAVADY POLICE STATION, WAYANAD -------- PETITIONER/ACCUSED NO.1: ---------------------------------------------------- P.R.DANAVAN, AGED59YEARS, S/O. RAJAPPAN, PARAMBATHERIL HOUSE, NEDUVANNUR, CHENGAMANADU, ALUVA. BY ADV. SRI.K.R.VINOD RESPONDENTS : ---------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SMT. T.Y. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2909-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: bp A.HARIPRASAD, J.
-------------------------------------- B.A. No.7001 of 2014 -------------------------------------- Dated this the 29th day of September, 2014. ORDER
Application under Section 439 of the Code of Criminal Procedure.
2. Petitioner is the 1st accused in Crime No.570 of 2014 of Mananthavady Police Station registered under Section 420 read with Section 34 of the Indian Penal Code. Prosecution case is that on 12.06.2014, petitioner went to the Muthoot Finance Ltd., Mananthavady Branch, informed his intention to release the gold ornaments pawned in the State Bank of Travancore, Manathavady Branch and to re-pawn the same in the Muthoot Finance Ltd., Mananthavady Branch. Believing this representation, a cheque for `25,00,000/- drawn on Federal Bank, Mananthavady Branch was given to the petitioner. The finance company was bonafide believing that the petitioner would transfer his gold ornaments from State Bank of Travancore, Manathavady Branch to them. But the petitioner without fulfilling his promise, encashed the cheque and thereby committed cheating.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Learned counsel for the defacto complainant is also BA No.7001/2014 2 heard.
4. Learned counsel for the petitioner submitted that the entire prosecution case is highly improbable. It is idle to think that the defacto complainant (Muthoot Finance Ltd.) would have issued a cheque for `25,00,000/- without getting the gold ornaments in their custody. Further, they would have directly transferred the amount to State Bank of Travancore, Manathavady Branch, if there was an agreement to take over the liability of the petitioner. It is also submitted that the petitioner is a 59 year old person, suffering from ailments including heart disease and cirrhosis of liver.
5. Learned Public Prosecutor submitted that the petitioner was involved in 20 cases earlier. In answer to this argument, learned counsel for the petitioner submitted that upto 1999, there were 20 cases against the petitioner. In most of them, he was acquitted and in some of them, he was convicted. It is also asserted that no crime was registered against the petitioner after 1999. It is further submitted by the learned counsel for the petitioner that the petitioner surrendered as directed by this Court before the Magistrate and he was given in Police custody. After completing investigation, he was returned to the court and he is now in judicial custody. Considering the stage of investigation, I find that petitioner can be released on bail with following conditions. BA No.7001/2014 3 (i) The petitioner shall be released on bail on executing a bond for `50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate Court-II, Mananthavady. (ii) The sureties shall produce documents to establish their identity and solvency. (iii) The petitioner shall surrender his passport if any. If he does not have a passport, he shall file an affidavit stating that fact. (iv) He shall appear before the Investigating Officer on all Saturdays between 9.00 and 10.00 a.m. until final report is filed. (v) He shall not influence or intimidate the witnesses or meddle with the investigation in any manner. (vi) He shall not involve in any other crimes during the pendency of this case. (vii) If any one of the above conditions is violated by the petitioner, the learned Magistrate is free to cancel the bail. A. HARIPRASAD, JUDGE. cks