Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 2ND DAY OF AUGUST 2022 / 11TH SRAVANA, 1944 BAIL APPL. NO. 41 OF 2022 Crime No.1818/2021 of Valiyamala Police Station, Thiruvananthapuram AGAINST THE ORDER/JUDGMENT in CRMC 3153/2021 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - V, THIRUVANANTHAPURAM / II ADDITIONAL MACT PETITIONER/ACCUSED: ANILKUMAR AGED 43 YEARS S/O. THOMSON, THADATHARIKATHU VEEDU, PACHAMALA, ELAVATTAM P.O., PALOD, THIRUVANANTHAPURAM 65 561. BY ADV LIJU. M.P
RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. OTHER PRESENT: PP - SRI. M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No.41 of 2022 :2:
VIJU ABRAHAM, J.
B.A. No.41 of 2022 Dated this the 2nd day of August, 2022
ORDER
This is an application for anticipatory bail.
2. The petitioner is the accused in Crime No.1818/2021 of Valiyamala Police Station, Thiruvananthapuram, alleging commission of offence punishable under Section 406 and 420 of Indian Penal Code.
3. The prosecution allegation is that, with an intention to
obtain illegal gain, offered jobs to some persons at VSSC, Thiruvanathapuram under Pradhan Mantri Rojgar Yojana and obtained money from such job seekers, illegally.
4. The learned counsel for the petitioner submitted that he is
totally innocent and that he is not involved in any other criminal activities and this case has been fabricated due to political reasons. It is also submitted that the petitioner is working as a temporary employee in the Govt Secretariat, Thiruvananthapuram on contract basis. He is an active worker of a trade union and in connection with such activities, he is involved in the employment issues of
B.A. No.41 of 2022 :3:
workers of VSSC, Thiruvananthapuram, which created political vengeances against him from another trade union. Only to wreck such political vengeances that the present crime is got registered against the petitioner. It is the further case of the petitioner that none of the persons who have been cheated by the petitioner has made any complaint in this regard.
5. The learned Public Prosecutor seriously opposed the bail
application mainly contending that the petitioner has obtained amounts from various persons in a promise to get employment at VSSC. It is also submitted that further investigation reveals that in the account of the petitioner, who is only a temporary employee in the Government Secretariat, during the year 2020-21 there are transactions ranging between Rs.2 Lakhs to Rs.10 Lakhs, every month. It is further submitted that the investigation is going on and the custodial interrogation of the petitioner is required.
6. Having regard to the facts and circumstances of the case
and considering the nature of the allegations, I am not inclined to grant anticipatory bail to the petitioner and accordingly the bail application is dismissed. The petitioner shall surrender before the investigating officer and co-operate with the investigation. It is made clear that if the B.A. No.41 of 2022 :4: petitioner moves an application for bail, the jurisdictional magistrate shall consider the application for bail submitted by the petitioner without much delay, if the same is moved after serving copy of the application to the learned Public Prosecutor in advance. Sd/- VIJU ABRAHAM JUDGE sm/