The High Court at Ernakulam granted pre-arrest bail to the accused, an employee accused of misappropriating funds while working in Oman. The court noted the lack of prima facie connection to the local jurisdiction.
The applicant is released on bail upon executing a bond of Rs.1,00,000/- with two solvent sureties for the same sum each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BAIL APPL. NO. 5462 OF 2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V. WEDNESDAY, THE 8TH DAY OF DECEMBER 2021 / 17TH AGRAHAYANA, 1943 BAIL APPL. NO. 5462 OF 2021
(CRIME NO.302/2021 OF POLICE STATION, MAYYIL)
PETITIONER/
AKKAVIL DILSHAD AGED 32 YEARS S/O.MUHAMMED MUNDAMKKATTIL, AKKAVIL HOUSE, ADOOR P.O., KADACHIRA, KANNUR - 670 621.
BY ADV NAVEEN THOMAS
RESPONDENT/STATE
1 STATE OF KERALA THROUGH STATION HOUSE OFFICER, MAYYIL POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN - 682 031.
ADDL.R2 MUHAMMED KUNJU K.P. AGED 58 YEARS,S/O KAMAAL HAJI, NASEEMA MANZIL, 8TH MILE ,MAYYIL PO, TALIPARAMBA , PIN 670602
IS IMPLEADED AS ADDL R2 AS PER ORDER DATED 24/8/2021 IN CRL MA 1/2021
OTHER PRESENT:
SREEJA.V- SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 5462 OF 2021
2
ORDER
Application for pre-arrest bail.
BAIL APPL. NO. 5462 OF 2021
3
was some mismanagement in the office of the defacto complainant and this case was falsely foisted against him without any valid reason. In fact he worked with the defacto complainant for a long time starting from 2014 onwards. Though he was offered with a salary of Rs.25,000/- he was not getting that much salary. In fact
he has not misappropriated any amount as alleged by the prosecution. Though the defacto complainant was impleaded as the 2nd respondent and received notice, he has not turned up to oppose the bail application.
BAIL APPL. NO. 5462 OF 2021
4
Considering the nature of accusation levelled against this petitioner, I am inclined to grant pre-arrest bail subject to the following conditions:
(i) The petitioner shall be released on bail on executing bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each in the event of arrest by the police in connection with the above crime.
(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him in writing. He shall cooperate with the investigation of the case.
(iii) The petitioner 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 from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions,
the jurisdictional court is empowered to cancel the bail in accordance with the law.
Sd /-
SHIRCY V.
JUDGE
smm
2 issues framed by the court
Whether the applicant is eligible for pre-arrest bail in a case involving misappropriation of funds.
Whether the grounds urged by the applicant regarding false implication warrant bail.
3 provisions across 1 enactments
Akkavil Dilshad
State of Kerala
Shircy V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
