Allowed

Babu K.V v. State of Kerala

Kerala HC11 Jun 2018Bail Appl./1742/2018

Case brief

AI extract

What is this about?

The Kerala High Court granted pre-arrest bail to the first accused in a lottery conspiracy case, imposing standard conditions including cooperation with investigation, surrender of passport if held, and a bond. The court reserved the right for the Investigating Officer to seek custody for recovery purposes.

What did the court decide?

The applicant shall be released on bail executing a bond for Rs.40,000 with two sureties, subject to conditions of cooperation, non-interference, and passport surrender.

Babu K.V Vs State of Kerala — Bail and Remand | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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MONDAY, THE 11TH DAY OF JUNE 2018 / 21ST JYAISHTA, 1940

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Bail Appl..No. 1742 of 2018

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CRIME NO. 187/2018 OF HOSDURG POLICE STATION , KASARGOD

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PETITIONER(S)/NO.1/ACCUSED NO.1

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BABU K.V, S/O. NARAYANAN, AGED 46 YEARS, "SAYANA HOUSE", NEELESWARAM, KASARAGOD DISTRICT-671 314.

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BY ADV.SRI.P.K.SUBHASH

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RESPONDENT(S)/COMPLAINANT/STATE:

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2. THE STATION HOUSE OFFICER HOSDURG POLICE STATION, KASARAGOD DISTRICT-671 315.

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BY PUBLIC PROSECUTOR SRI.AMJAD ALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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IAP

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RAJA VIJAYARAGHAVAN V, J.

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B.A. No.1742 of 2018

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Dated this the 11^th day of June, 2018

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ORDER

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1.This application is filed under Section 438 of the Code of Criminal Procedure.

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2.The applicant herein is the 1^st accused in Crime No.187 of 2018 of the Hosdurg Police Station, registered under Sections

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4 & 7(3) of the Lotteries (Regulation) Act, 1998.

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3.The prosecution allegation is that on 19.2.2018, the Sub Inspector of Police, Hosdurg, received information that certain persons were conducting one digit lottery at Kanhangad. The

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2^nd accused was arrested and on interrogation he disclosed that it was at the instance of the applicant herein that the business was being carried out. The applicant was thus roped in as the 1^st accused.

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4.The learned counsel appearing for the applicant submits that he is innocent. The applicant has been roped in solely on the basis of the confessional statement of the co-accused. Though

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it is alleged that the messages were being forwarded by the

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B.A.No.1742 of 2018 2

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2^nd accused to the mobile phone of the applicant using Whatsapp, it can be seen from the mobile phone that no such messages were received. The applicant is prepared to produce the mobile phone before the investigating officer and cooperate with the investigation. According to the learned counsel, the applicant is not a person with criminal antecedents and it is prayed that he be spared from the rigours of custodial interrogation.

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5.The learned Public Prosecutor has very strenuously opposed the prayer of the applicant. It is submitted that unless the mobile phone used by the applicant is obtained by the investigating officer and the same is sent for cyber analysis, the true facts will not be revealed

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6.I have considered the submissions advanced. Having gone through the materials on record I am of the considered view that by imposing appropriate conditions the applicant can be granted an order of pre arrest bail. However, it is made clear that if the custody of the applicant is required for the purpose of effecting recovery, the Investigating Officer will be at liberty to file appropriate application before the learned

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B.A.No.1742 of 2018 3

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Magistrate. If such an application is filed, the applicant shall appear before the learned Magistrate and his presence before the learned Magistrate shall be treated as judicial custody for the purpose of entertaining the application for police custody. Needless to say, the applicant may, as per law, challenge the order of the learned Magistrate, if he is so advised.

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7.In the result, this application will stand allowed. The applicant

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shall appear before the investigating officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on his executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:

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(i)The applicant shall co-operate with the investigation and shall appear before the Investigating Officer on every Saturdays between 10 A.M and 1 P.M. for a period of two months or till final report is filed whichever is earlier.

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ii)The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer.

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B.A.No.1742 of 2018 4

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iii)The applicant shall not commit any similar offence while on bail.

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(iv) The applicant shall not leave India without the permission of the Court and if having passport, shall deposit the same before the Trial Court within a week; If release of the passport is required at a later period, the applicant shall be at liberty to move appropriate application before the Court having jurisdiction.

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

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Sd/-

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RAJA VIJAYARAGHAVAN V., JUDGE

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IAP //True Copy\

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P.A to Judge

Babu K.V v. State of Kerala

Case brief

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Babu K.V v. State of Kerala

Case brief

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