Sreekanth vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 01, 2023

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Citation: sooperkanoon.com/1375936
Court: Kerala High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Aug 01, 2023
Case Number: Bail Appl./6050/2023

Parties & Advocates

Appellant / Petitioner

Sreekanth

Respondent

State of Kerala

Excerpt

.....3rd accused in crime no.178 of 2023 of kattappana police station, which was registered for the offences punishable under sections 406 and 420 of ipc.3. the prosecution case is that, the 1st accused who is aphotographer by profession, induced the de facto complainant by promising to provide a job opportunity in film industry, collected an amount of rs.21,73,700/- on various occasions from 17.10.2022 to 05.02.2023. the role alleged against the petitioner is that, out of the said amount rs.10,63,800/- was deposited in the bank account of the petitioner. subsequently, no job as offered was provided by the 1st accused and the amount was also not returned. the crime was registered in such circumstances and as the petitioner apprehends arrest in connection with the investigation of the crime, this application for anticipatory bail is submitted.4. heard sri.g.sudheer, learned counsel for the petitioner and smt.seetha s., learned public prosecutor for the state.5. i have gone through the records. form the materialsb.a.no.6050/23 3 placed on record, it can be seen that the main allegations are raised against the 1st accused. it is reported that he is already arrested and released on bail. as far as the role of the petitioner is concerned, it is limited and confined to the fact that an amount of rs.10,63,800/- was deposited in his account. it is also an undisputed fact that after the said amount was deposited, the entire amount was transferred to the account of the 1 st accused. no criminal antecedents of the petitioner is reported. in such circumstances, taking note of the limited role of the petitioner, i am of the view that, the limited custody of the petitioner for the purpose of interrogation would serve the purpose. therefore, this application for anticipatory bail is allowed subject to following conditions:(i) the petitioner shall surrender before the investigating officer, within a period of two weeks from today, for subjecting himself for interrogation.(ii) after.....

Full Judgment

B.A.No.6050/23 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 BAIL APPL. NO. 6050 OF 2023 PETITIONER: SREEKANTH, AGED 36 YEARS, S/O.SURENDRAN NAIR, S.S. BHAVAN, NEAR KARUVALLA COLONY, MANGATTUKONAM, KATTAYIKONAM, AIRUPPARA VILLAGE, THIRUVANANTHAPURAM, PIN - 695 584. BY ADVS. G.SUDHEER R.HARIKRISHNAN (H-308) SMRITHI S.S. RESPONDENT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031. 2 SMT.ANCY JOSE, AGED 24 YEARS, KOYIPPURATHU HOUSE, SWARAJ, THOPPIPALA, KANCHIYAR, IDUKKI DIST, PIN - 685 511. SMT.SEETHA.S-SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.6050/23 2

ORDER

This is an application filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.

2. The petitioner is the 3rd accused in Crime No.178 of 2023 of Kattappana Police Station, which was registered for the offences punishable under Sections 406 and 420 of IPC.

3. The prosecution case is that, the 1st accused who is a

photographer by profession, induced the de facto complainant by promising to provide a job opportunity in film industry, collected an amount of Rs.21,73,700/- on various occasions from 17.10.2022 to 05.02.2023. The role alleged against the petitioner is that, out of the said amount Rs.10,63,800/- was deposited in the bank account of the petitioner. Subsequently, no job as offered was provided by the 1st accused and the amount was also not returned. The crime was registered in such circumstances and as the petitioner apprehends arrest in connection with the investigation of the crime, this application for anticipatory bail is submitted.

4. Heard Sri.G.Sudheer, learned counsel for the petitioner and Smt.Seetha S., learned Public Prosecutor for the State.

5. I have gone through the records. Form the materials

B.A.No.6050/23 3 placed on record, it can be seen that the main allegations are raised against the 1st accused. It is reported that he is already arrested and released on bail. As far as the role of the petitioner is concerned, it is limited and confined to the fact that an amount of Rs.10,63,800/- was deposited in his account. It is also an undisputed fact that after the said amount was deposited, the entire amount was transferred to the account of the 1 st accused. No criminal antecedents of the petitioner is reported. In such circumstances, taking note of the limited role of the petitioner, I am of the view that, the limited custody of the petitioner for the purpose of interrogation would serve the purpose. Therefore, this application for anticipatory bail is allowed subject to following conditions:

(i) The petitioner shall surrender before the Investigating officer, within a period of two weeks from today, for subjecting himself for interrogation.

(ii) After interrogation, the petitioner shall be

released on bail, on the very same day of surrender upon the petitioner 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 investigating officer.

(iii) The petitioner shall fully cooperate with the investigation, including subjecting himself to the B.A.No.6050/23 4 deemed police custody for the purpose of recovery, if any, as and when demanded.

(iv) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Monday until filing of final report.

(v) The petitioner shall also appear before the investigating officer as and when required.

(vi) The petitioner shall not commit any offence of similar nature while on bail.

(vii) The petitioner shall not make any attempt to

contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation. (viii) The petitioner shall not leave India without the permission of the trial Court. In case of violation of any of the above conditions, the

jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law. Sd/- ZIYAD RAHMAN A.A. JUDGE DG/3.8.23 B.A.No.6050/23 5 APPENDIX OF BAIL APPL. 6050/2023 PETITIONER ANNEXURES Annexure A1 COPY OF THE FIR IN CRIME NO. 178/2023 OF KATTAPPANA POLICE STATION DATED 13.2.2023 Annexure A 2 COPY OF THE STATEMENT OF ACCOUNT NO. 00418252173 OF PETITIONER WITH ICICI BANK, KAZHAKUTTAM FROM 14.7.2022 TO 6.3.2023 Annexure A 3 COPY OF THE NOTICE ISSUED BY SUB INSPECTOR OF POLICE, KATTAPPANA POLICE STATION DT 13.7.23

Same Court & Year Kerala · 2023 Same Parties Sreekanth vs State of Kerala Same Judge Honourable Mr.Justice Ziyad Rahman a.a.