Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 16TH DAY OF AUGUST 2023 / 25TH SRAVANA, 1945 BAIL APPL. NO. 947 OF 2023 PETITIONER/ACCUSED NO.1 AND 2: 1 SHIBU. V. JOSEPH AGED 57 YEARS S/O V.T JOSEPH, 4/23, SHINE, ASHRAMAM WARD, AVALOOKUNNU P.O, ARYAD SOUTH, ALAPPUZHA, PIN - 688006 2 SABITHA SHIBU AGED 47 YEARS W/O SHIBU.V. JOSEPH, 4/23, SHINE ASHRAMAM WARD, AVALOOKUNNU P.O, ARYAD SOUTH, ALAPPUZHA, PIN - 688006 BY ADV M.SUNILKUMAR RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 ADDL.R2 RADHAKRISHNAN , AGED 49 YEARS S/O NAGARAJAREDDIAR, LAKSHMI SADANAM, ALAPPUZHA REPRESENTED BY POWER OF ATTORNEY HOLDER, BALAJI VENKITESH.R, S/O OF MUTHUSWAMI RADHAKRISHNAN, RESIDING AT 19/754, ANUGRAHA, SEA VIEW WARD, ALAPPUZHA , PIN 688001 IS IMPLEADED AS ADDL.R2 AS PER ORDER DATED BY ADV T.K.SANDEEP
OTHER PRESENT: SMT. MAYA M.N., PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.V.KUNHIKRISHNAN --------------------- --------------------------- Dated this the 16th day of August, 2023
ORDER
This bail application is filed under Section 438 of Criminal Procedure Code (Cr.P.C.)
2. The petitioners are the accused in Crime
No.1144/2022 of Alappuzha South Police Station. The above case is registered alleging offences punishable under Sections 405, 409, 420, 464, 471 r/w Section 34 IPC.
3. The prosecution case is that the petitioners misappropriated the amount deposited by the defacto complainant in the KSFE by creating forged documents.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I also heard the learned counsel appearing for the 2nd respondent.
4. When this bail application came up for consideration on 01.08.2023, this Court passed the following order:-
“Petitioners will appear before the Investigating Officer in Crime No.1144 of 2022 of Alappuzha South Police Station, Alappuzha on 08.08.2023 and the Investigating Officer is free to interrogate the petitioners. The Investigating Officer is also free to direct the petitioners to appear on subsequent dates, if necessary. The Investigating Officer, after interrogation, will submit a report before this Court. The petitioners shall not be arrested during the course of interrogation. Post on 16.08.2023.”
5. Today, the learned Public Prosecutor submitted that petitioners surrendered before the investigating officer and they were interrogated. If that is the case, further custodial interrogation may not be necessary. The
petitioners can be directed to appear before the investigating officer on all Mondays till final report is filed. With that condition, this bail application can be allowed.
6. Moreover, it is a well accepted principle that, the
bail is the rule and the jail is the exception. The Hon'ble Supreme Court in Chidambaram P. v. Directorate of Enforcement (2019 (16) SCALE 870), after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that, the accused has the opportunity of securing fair trial.
7. Considering the dictum laid down in the above decision and considering the facts and circumstances of these case, the bail application is allowed with the following directions: :-
i) Petitioners shall appear before the Investigating Officer within ten days from today and shall undergo interrogation; ii) After interrogation, if the Investigating Officer proposes to arrest the petitioners, they shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the officer concerned; iii) Petitioners shall appear before the Investigating Officer for interrogation as and when required. The petitioners shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise 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; iv) Petitioners shall not leave India without permission of the jurisdictional Court; v) Petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected; vi) Petitioners will appear before the investigating officer on all Mondays at 11.00 am till final report is filed. vii) If any of the above conditions are violated by the petitioners, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court.
Sd/- P.V.KUNHIKRISHNAN JUDGE bng