Allowed

Sanu N Nair v. State of Kerala

Kerala HC20 Sept 2021Bail Appl./5876/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed bail to the first accused charged with cheating and forgery. The court granted statutory default bail noting incomplete investigation despite the grave nature of offences involving Rs.12 lakhs loss.

What did the court decide?

The petitioner is released on bail on executing a bond for Rs.5,00,000/- along with two solvent sureties, subject to conditions of interrogation compliance and non-interference.

Sanu N Nair Vs State of Kerala — Cheque Dishonour | Kerala HC (2021)

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B.A.No.5876 of 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SHIRCY V.

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MONDAY, THE 20^TH DAY OF SEPTEMBER 2021 / 29TH BHADRA, 1943

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BAIL APPL. NO. 5876 OF 2021

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AGAINST THE ORDER/JUDGMENT IN CMP 1752/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, CHENGANNUR, ALAPPUZHA

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(CRIME NO.477 OF 2021 OF CHENGANNUR POLICE STATION, ALAPPUZHA)

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PETITIONER/1ST ACCUSED

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SANU N NAIR AGED 43 YEARS S/O. NARENDRAN NAIR, MALAYIL HOUSE, KARAKKADMURI, MULAKUZHA, CHENGANNUR, ALAPPUZHA DISTRICT.

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BY ADVS.

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K.MOHANAKANNAN T.V.NEEMA

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RESPONDENT/STATE

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682031.

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ADDL. R2 RATHEESH T.PILLAI, AGED 37 YEARS, S/O. THULASEEDHARAN PILLAI, THULASI MANDIRAM, KALAYAPURAL, KOLLAM DIST (SOUGHT TO BE IMPLEAD)

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IMPLEADED AS PER ORDER DATED DATED 20.9.2021 IN CRL.M.A.NO.3 OF 2021

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BY ADV K.V.ANIL KUMAR

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BY PUBLIC PROSECUTOR, SRI.MANU.P.G

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.5876 of 2021

ORDER

Application for regular bail filed under Section 439 of the Code of Criminal Procedure.

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The petitioner is the first accused in Crime No. 477 of 2021 of

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Chengannur Police Station registered for the offences punishable under Sections 484, 419, 465, 468, 473 and 420 r/w. 34 of the India Penal Code.

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He has been in custody since 16.07.2021.

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The allegation is that this petitioner along with the other accused had approached the defacto complainant with the intention to deceive him by offering a job to his wife in Food Corporation of India as clerk and received a sum of Rs.12 lakhs and thereafter forged certain documents and also issued a fake appointment order. On the basis of the fake appointment order, they proceeded to Chennai believing that she could join duty in FCI. But when they reached there it was realized that he was cheated by this petitioner and other accused and thereby he committed the aforesaid offences along with the other accused.

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This crime has been registered against this petitioner and the other accused on the basis of the complaint lodged by the defacto complainant.

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Prima facie it appears that this petitioner as well the other accused have received a sum of Rs.12 lakhs from the defacto

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B.A.No.5876 of 2021

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complainant promising to provide job for his wife. They have not only received the amount by cheating the defacto complainant but also fabricated documents as if she has been appointed as a clerk in Food Corporation of India.

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The learned Public Prosecutor has informed that this petitioner is also an accused in Crime No.535/2021 of the very same police station in which arrest has been recorded, only on 17.09.2021.

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No doubt the gravity of the offences alleged against this petitioner as well the other accused are grave and serious in nature. Considering the seriousness of the offences committed, he is not entitled to be released on bail, but till date the investigation has not been completed by the investigating agency. Right to default bail is an indefeasible right. Hence, this petitioner is entitled for statutory bail and so he can be released on bail subject to the following conditions:

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(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.

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(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.

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(iii) The petitioner shall not directly or indirectly, make any inducement,

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B.A.No.5876 of 2021

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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.

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In case of violation of any of the above conditions, the

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jurisdictional court is at liberty to cancel the bail in accordance with the law.

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Sd/-

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SHIRCY V. JUDGE

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smm

Sanu N Nair v. State of Kerala

Case brief

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Sanu N Nair v. State of Kerala

Case brief

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