Bail granted subject to conditions: Kerala High Court

IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR. JUSTICE GOPINATH P MONDAY THE 14TH DAY OF FEBRUARY 2022 25TH MAGHA 1943 BAIL APPL. NO. 232 OF 2022 IN 102 CB KNR & KSD 2017 WHICH AROSE FROM CRIME NO.1357 2016 OF MATTANNUR POLICE STATION KANNUR SHAFSEER P.P. AGED 35 YEARS PUTHIYAPURAYIL HOUSE CHAVASSERY AMSOM VALORA ULIYILKANNUR DISTRICT PIN 670702 PHIJO PRADEESH PHILIP RESPONDENTS COMPLAINANT & STATE STATE OF KERALA PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM KOCHI PIN 682031 STATION HOUSE OFFICER MATTANNUR POLICE STATION KANNUR DISTRICT PIN 670702 BY SRI.M.C.ASHY PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.02.2022 ALONG WITH Bail Appl..250 2022 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA Nos.232 & 2522 IN THE HIGH COURT OF KERALA AT ERNAKULAM THE HONOURABLE MR. JUSTICE GOPINATH P MONDAY THE 14TH DAY OF FEBRUARY 2022 25TH MAGHA 1943 BAIL APPL. NO. 250 OF 2022 IN 104 CB KNR & KSD 2017 WHICH AROSE FROM CRIME NO.1426 2016 OF MATTANNUR POLICE STATION KANNUR SHAFSEER P.P. AGED 35 YEARS PUTHIYAPURAYIL HOUSE CHAVASSERY AMSOM VALORA ULIYILKANNUR DISTRICT PIN 670702 PHIJO PRADEESH PHILIP RESPONDENTS COMPLAINANT & STATE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM PIN 682031 STATION HOUSE OFFICER MATTANNUR POLICE STATION KANNUR DISTRICT PIN 670702 BY SMT.SEETHA SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.02.2022 ALONG WITH Bail Appl..232 2022 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA Nos.232 & 2522 These are applications for regular bail 2. The petitioner in both these bail applications is the same person BA No. 2322 arises out of a case registered by the Crime Branch as Crime No.102 CB KNR & KSD 2017 while BA No. 2522 arises out of Crime No.104 CB KNR & KSD 2017. Crime No.102 CB KNR & KSD 2017 was registered alleging commission of offences punishable under Sections 406 and 420 of the Indian Penal Code and Crime No.104 CB KNR & KSD 2017 was registered alleging commission of offence under Section 420 of the Indian Penal Code 3. The allegation against the petitioner in both cases is that he obtained money from the de facto complainants with the promise of securing admission for their wards for MBBS in the Amala Medical College or Jubilee Medical College Thrissur 4. The learned counsel for the petitioner vehemently submits that the petitioner is absolutely innocent in the matter. It is submitted that while in one case the allegation is that the petitioner has procured Rs.5 00 000 from the de facto complainant the allegation in the other case is that he had procured Rs.30 00 000 from the de BA Nos.232 & 2522 facto complainant. It is further submitted that the allegations are totally baseless and there is no evidence to show payment of any money to the petitioner. It is submitted that the petitioner has been in custody from 09.12.2021 and the continued detention of the petitioner is not necessary for the purpose of any investigation. 5. The learned Public Prosecutor opposes grant of bail. It is pointed out that there is sufficient evidence to show that the amounts were given to the petitioner and the payments were made through bank It is submitted that the petitioner is not entitled to be released on bail considering the allegations against him 6. Having regard to the facts and circumstances of the case and taking into account of the nature of allegations against the petitioner and also considering the fact that he has been in custody from 09.12.2021 I am of the view that the petitioner can be granted bail subject to stringent conditions. I also note that final report in both cases has already been filed against the petitioner In the result these bail applications are allowed and it is directed that the petitioner shall be released on bail subject to the following a) The petitioner shall execute separate bonds for a sum of Rs.50 000 in each crime BA Nos.232 & 2522 with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court b)Petitioner shall appear before the investigating officer in Crime Nos.102 CB KNR & KSD 2017 and 104 CB KNR KSD 2017 whenever called upon to do so c) The petitioner shall not attempt to influence or intimidate the de facto complainants or any witness in Crime Nos.102 CB KNR & KSD 2017 and 104 CB KNR d)The petitioner shall not involve in any other crime while on KSD 2017 If any of the aforesaid conditions is violated the investigating officer in Crime Nos.102 CB KNR & KSD 2017 and 104 CB KNR KSD 2017 may file an application before the jurisdictional court for cancellation of bail

Summary: In a recent bail application, the Kerala High Court granted bail to the accused on certain conditions specifying the extent to which the conditions would prevail. This was ruled out by Hon’ble Justice Gopinath P. in the matter concerning Shafaseer PP v State of Kerala &amp; Ors.  in BAIL APPL. NO. 250 OF 2022, decided on 14th February, 2022. The present bail application is a merged bail application since the person appealing for bail is same in both the cases. The first BA arises from the case reported by the crime branch Crime No.102/CB/KNR &amp; KSD/2017 while second BA arises out of Crime No.104/CB/KNR &amp; KSD/2017. The petitioner was charged under the offences of Section 420 &amp; Section 406 of the Indian Penal Code. The petitioner in both the cases has been charged under the complaint that he obtained money from the complainants by promising that he will secure the admission of their wards in Ambala Medical College/Jubilee Medical College. It was submitted by the counsels on behalf of the petitioner that he was innocent and had not done any of the alleged task. The allegations are baseless since there is no proof f payment. Thus, the petitioner shall be granted bail. This appeal was vehemently opposed by the public prosecutor who stated that there is sufficient proof that the payments had been made and through bank. Thus, bail shall not be granted considering the seriousness of the offence. The Court heard the submissions and observed the facts and circumstances of the case. Considering the fact that the petitioner had been in custody for over a year, the court was of the view that the petitioner shall be granted, however, on certain conditions. The court granted the bail application, stating the conditions and ordered that an action maybe taken by the investigating officer, if the conditions are violated. Click here to view the judgement.