Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 17TH DAY OF FEBRUARY 2022 / 28TH MAGHA, 1943 BAIL APPL. NO. 332 OF 2022 AGAINST THE ORDER IN CRMC 2107/2021 OF DISTRICT COURT & SESSIONS COURT,THRISSUR CRMP 5302/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,IRINJALAKUDA PETITIONER: SUNIL JOSE AGED 51 YEARS S/O.JOSE, AVARAN HOUSE, KARUKULANGARA DESOM, IRINJALAKUDA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR, PIN - 680 121. BY ADV RAJESH CHAKYAT RESPONDENTS: 1 THE STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 THE STATION HOUSE OFFICER KATTOOR POLICE STATION, THRISSUR DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031. SRI. M.C. ASHI (PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 17TH DAY OF FEBRUARY 2022 / 28TH MAGHA, 1943 BAIL APPL. NO. 380 OF 2022 AGAINST THE ORDER IN CRMC 2126/2021 OF DISTRICT COURT & SESSIONS COURT,THRISSUR PETITIONER: SUNIL JOSE AGED 51 YEARS S/O.JOSE, AVARAN HOUSE, KARUKULANGARA DESOM, IRINJALAKUDA VILLAGE, MUMKUNDAPURAM TALUK, THRISSUR, PIN - 680 121. BY ADV RAJESH CHAKYAT(K/000342/2002) RESPONDENTS: 1 THE STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 THE STATION HOUSE OFFICER IRINJALAKUDA POLICE STATION, THRISSUR DISTRICT REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: GOPINATH.P, J ---------------------------------------- B.A. Nos.380 & 332 of 2022 ----------------------------------------- Dated this the 17th day of February, 2022
ORDER
Petitioner in both the cases is one and the same person. In B.A. No.332/2022 arising out of Crime No.1142/2020 of Kattoor
Police Station. The allegation is that during the period from 3.10.2018 to 16.11.2020 while the petitioner was working as Chief Associate of the Karalam branch of the State Bank of India, petitioner re-pledged gold ornaments which were earlier pledged with the bank in the name of his relatives and friends and cheated the bank of an amount of Rs.2.76 crores. In B.A.No. 380/2022 arising out of Crime No.519/2021 of Irinjalakuda Police Station, the allegation is that during the period from 02.05.2011 to
14.01.2021, the petitioner forged signature of depositors and committed misappropriation of Rs.8,00,000/- and thereby cheated his employer, the State Bank of India.
2. Learned counsel for the petitioner submits that the
petitioner is absolutely innocent in the matter. It is submitted that a fraud of the nature now alleged could not be carried out by the petitioner. It is submitted that in Crime No.1142/2020 of Kattoor Police Station, the petitioner was arrested on 17.11.2021 and as on date he is entitled to statutory bail having completed 93 days in custody. It is submitted that in Crime No.519/2021 the formal arrest of the petitioner was recorded on 29.11.2021, while he was in custody in the other case and has now completed 81 days in custody. It is submitted that the continued detention of the petitioner is not necessary for the purpose of any investigation.
3. Heard the Learned Public Prosecutor also. Learned
Public Prosecutor vehemently opposes the grant of bail. It is submitted that the crime in respect of which the petitioner claims to be entitled to statutory bail, it is for the petitioner to approach the jurisdictional court with an application of bail. It is submitted that in the other case, the petitioner cannot be released on bail considering the magnitude of the fraud committed by the petitioner. It is submitted that the investigation has clearly revealed the role played by the petitioner in the fraud committed and if the petitioner is released on bail, there is every chance of material witnesses being influenced in the matter. It is submitted that the quantity of gold that is re-pledged by the petitioner shows that the petitioner was involved in a huge fraud and the involvement of others also cannot be ruled out.
4. Having regard to the facts and circumstances of the case,
I am of the opinion that the petitioner can be released on bail, as in Crime No.1142/2020 of Kattoor Police Station, the petitioner is entitled to statutory bail as on date. In Crime No.519/2021 of Irinjalakuda Police Station, the formal arrest of the petitioner was recorded on 29.11.2021 and the petitioner has been in custody for 81 days. Considering the above and without going into any other aspect of the matter, I am of the view that the petitioner can be released on bail subject to conditions.
5. In the result this bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:-
(i) The petitioner shall execute bond for a sum of
Rs.2,00,000/- (Rupees Two lakhs only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court in each of the cases registered against him;
(ii) The petitioner shall appear before the investigating officers as in Crime No.1142/2020 of Kattoor Police Station and in Crime No.519/2021 of Irinjalakuda Police Station as and when called to do so.
(iii) The petitioner shall not attempt to interfere with
the investigation, influence or intimidate any witnesses in Crime No.1142/2020 of Kattoor Police Station and in Crime No.519/2021 of Irinjalakuda Police Station;
(iv) The petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the
Investigating officers in Crime No.1142/2020 of Kattoor Police Station and/or in Crime No.519/2021 of Irinjalakuda Police Station may file an application before the jurisdictional Court for cancellation of bail. Sd/- GOPINATH P. JUDGE AJ