The High Court of Kerala allowed bail to the first accused, holding that despite the gravity of the offences, the petitioner is entitled to default bail as the investigation remained incomplete.
Petitioner released on bail with bond of Rs.5,00,000 and two sureties of similar sum, subject to conditions regarding interrogation and conduct.
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. 5874 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
MONDAY, THE 20TH DAY OF SEPTEMBER 2021 / 29TH BHADRA, 1943
BAIL APPL. NO. 5874 OF 2021
AGAINST THE ORDER/JUDGMENT IN CMP 1746/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, CHENGANNUR, ALAPPUZHA (CRIME NO.476 OF 2021 OF CHENGANNUR POLICE STATION, ALAPPUZHA) PETITIONER/1ST ACCUSED
SANU N.NAIR AGED 43 YEARS S/O.NARENDRAN NAIR, MALAYIL HOUSE, KARAKKADMURI, MULAKUZHA, CHENGANNUR, ALAPPUZHA DISTRICT.
BY ADVS. K.MOHANAKANNAN T.V.NEEMA
RESPONDENT/STATE
1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
ADDL. R2 ANIL KUMAR
AGED 52 YEARS, S/O. NARAYANAN NAIR, CHAITHANYAM, KOTTA P.O, KIDANGANNUR, PATHANAMTHITTA DIST. BY ADV K.V.ANIL KUMAR
SRI.MANU.P.G PUBLIC PROSECUTOR.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 5874 OF 2021
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ORDER
Application for regular bail filed under Section 439 of the Code of Criminal Procedure.
BAIL APPL. NO. 5874 OF 2021
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accused have received a sum of Rs.20 lakhs from the defacto complainant promising to provide job for his son. They have not only received the amount by cheating the defacto complainant but also fabricated documents as if he has been appointed as a clerk in Food Corporation of India.
(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.5,00,000/- (Rupees five lakhs only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.
(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.
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(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 at liberty to cancel the bail in
accordance with the law.
Sd/-
SHIRCY V. JUDGE
smm
2 issues framed by the court
Whether the petitioner is entitled to regular bail under Section 439 CrPC considering the seriousness of the alleged offences and the absence of default bail.
Whether the petitioner has a right to default bail since the investigation is not complete.
1 provisions across 1 enactments
Sanu N.Nair
State of Kerala
Shircy V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
