Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 13TH DAY OF OCTOBER 2022 / 21ST ASWINA, 1944 BAIL APPL. NO. 691 OF 2021 PETITIONER/ACCUSED: SUNIL VALLIYIL, AGED 55 YEARS VALLIYIL HOUSE,ANGADICKAL, CHENGANNUR P.O, ALAPPUZHA ALAPPUZHA, PIN - 689121 BY ADV P.VINODKUMAR RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 ADDL R2 ANIL.P.SREERENGAM,AGED 52 YEARS SRRENGAM HOUSE,BUDHANOOR P.O,CHENGANNUR, ALAPPUZHA PIN-689122 IS IMPLEADED AS PER THE ORDER DATED 8.3.2021 IN CRL.M.A.NO.1/2021. BY ADVS. PUBLIC PROSECUTOR SRI.K.N.RADHAKRISHNAN(THIRUVALLA) OTHER PRESENT: PP - SRI. M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No. 691 of 2021 2
VIJU ABRAHAM, J.
------------------- B.A. No. 691 of 2021 ---------------------------------- Dated this the 13th day of October, 2022
ORDER
Application for anticipatory bail.
2. Petitioner is the sole accused in Crime No.23
of 2021 of Chengannur Police Station, Alappuzha District registered alleging commission of offences punishable under Sections 420, 468, 406, 408, 409, 379 r/w 34 of IPC.
3. The allegation against the petitioner is that the petitioner had taken a cheque and has put the signature of the chairman SNDP Union, Chengannur with date as 29-09-2018 and encashed it on 9-10-2018 for an amount of Rs.1,39,020/- in the name of one K,K,R.Agro Private Limited and further encashed another cheque on 3-9-2018 for an amount of Rs.36,000/- in the name of MANAMA Traders and has thus committed the above said offences.
4. The petitioner submits that the present crime has been registered based on a complaint filed by B.A. No. 691 of 2021 3 the defacto complainant before the JFCM, Chengannur
which was forwarded to the Police under Section 156(3) of Cr.P.C. Petitioner further submits that he is totally innocent of the charges levelled
against him. The defacto complainant is in inimical terms with the petitioner and that is the reason why the present crime was registered.
6. Heard the learned counsel for the petitioner and the learned Public Prosecutor and counsel appearing for the defacto complainant.
7. The application for bail is seriously opposed by the defacto complainant, who entered appearance through counsel mainly contending that his signature was forged and amounts were misappropriated.
8. The learned Public Prosecutor upon instructions, submitted that charge sheet is not yet filed and the incident happened in the year
2018. It is seen that a 'not to arrest' order was issued in this case as early as on 18.03.2021, and the said order is still in force. Having regard to the facts and circumstances of
B.A. No. 691 of 2021 4 the case, and nature of the allegations, custodial interrogation of the petitioner may not be required for the purpose of investigation. I am inclined to grant anticipatory bail to the petitioner, but on stringent conditions. Above bail application is allowed with the following directions. The petitioner shall surrender before the investigating officer on 19.10.2022 and make himself available for interrogation. In the event of arrest of the petitioner in Crime No.23 of 2021 of Chengannur Police Station, petitioner shall be produced before the jurisdictional Magistrate on the same day and be released on bail on the following conditions:
(i) The petitioner shall execute a bond for sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;
(ii) The petitioner shall appear before the investigating officer in Crime No.23/2021 of Chengannur Police Station as and when summoned to do so;
(iii) The petitioner shall co-operate with the investigation and make himself available for interrogation whenever so required;
(iv) The petitioner shall not tamper with any evidence;
B.A. No. 691 of 2021 5
(iv) The petitioner shall not directly or
indirectly make any inducement, threat or
promise to any witness acquainted with thefacts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer;
(v) The petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the Investigating Officer in Crime No.23/2021 of Chengannur Police Station, may file an application before the jurisdictional court for cancellation of bail. It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information
if any given by the petitioner even when the petitioner is on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020 (1) KHC 663). sd/- VIJU ABRAHAM,JUDGE pm