Allowed

Madhu v. State of Kerala

Kerala HC24 Aug 2022Bail Appl./1085/2022

Case brief

AI extract

What is this about?

High Court of Kerala granted anticipatory bail to two accused charged with cheating and criminal breach of trust, directing surrender and imposing conditions including bond execution and prohibition on witness interference, while clarifying police powers to investigate and recover losses even on bail.

What did the court decide?

Anticipatory bail granted conditioned on surrender by 30.08.2022, execution of bond with sureties, and adherence to specific conduct restrictions.

Madhu Vs State of Kerala — Cheating and Forgery | Kerala HC (2022)

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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 VIJU ABRAHAM

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WEDNESDAY, THE 24^TH DAY OF AUGUST 2022 / 2ND BHADRA, 1944

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BAIL APPL. NO. 1085 OF 2022

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CRIME NO.1236/2014 OF PUNNAPRA POLICE STATION, ALAPPUZHA (RENUMBERED AS CRIME BRANCH NO.304/CB/ALP/R/19)

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PETITIONERS/ACCUSED NOS.2 & 3:

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1 MADHU AGED 48 YEARS, URAGAN PARAMBU, PUNNAPRA NORTH PANCHAYATH WARD NO. 5, ALAPPUZHA DISTRICT, PIN - 688013 2 SABU.V.S AGED 42 YEARS, VELLAPALLI HOUSE , VANDANAM P.O., ALAPPUZHA DISTRICT ., PIN - 688005 BY ADVS. MATHEW JAMES S.JYOTHIKUMAR

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RESPONDENT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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BY ADV

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SR.PP - SMT. SEETHA S.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

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ON 24.08.2022, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

B.A. No.1085 of 2022

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VIJU ABRAHAM, J.

= = = = = = = = = = = = = = = = = = = =

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B.A. No.1085 of 2022

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= = = = = = = = = = = = = = = = = = = = Dated this the 24^th day of August, 2022

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O R D E R

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This is an application for Anticipatory Bail.

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The petitioners are accused Nos.2 and 3 in Crime

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No.136 of 2014 of Punnapra Police Station, Alappuzha District renumbered by Crime Branch as Crime No.304/CB/ALP/R/19, registered for the offences punishable under Sections 120B and 409 r/w Section 34 of the Indian Penal Code, has moved this application under Section 438 of the Code of Criminal Procedure.

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The prosecution case is that the petitioner along with

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other accused manipulated the documents and misappropriated the funds and thereby committed criminal breach of trust and cheating.

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The learned counsel for the petitioners submitted that they have been falsely implicated in the above said crime. It is further submitted that the work was entrusted during a period from 2005-2007 and the initial total estimate was Rs.50,000/- and it was only for gravelling the road. Thereafter the work was

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B.A. No.1085 of 2022

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.. 3 ..

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modified and the amount was enhanced and scheme was changed. It is further submitted that the petitioners have performed the work as per the specific guidelines issued by the department and the direction of the project officer. Petitioners further case is that the 1^st accused has already granted bail as per Anx.A2-order.

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The learned Public Prosecutor seriously opposed the application for bail mainly contending that SGRY guidelines prohibit the contractor on carrying out of the work and stipulate that no mediator or intermediate agency may be hired for the work. The 2^nd accused has given power of attorney to the 3^rd accused for the execution of the work which is clearly in violation of the scheme. Therefore, by the action of the accused, the government have lost an amount of Rs.4,12,500/-.

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It is seen that the work in question is related to the period of 2005-2007 and it is also seen that the 1^st accused is already granted bail by this Court as per Anx.A2 – order and also that the petitioners have no other criminal antecedents. Having regard to the facts and circumstances of the case and considering the nature of the allegations, I am inclined to grant bail to the

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B.A. No.1085 of 2022

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.. 4 ..

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petitioners subject to stringent conditions. In the result, this application is allowed. It is directed that the petitioners shall surrender before the investigating officer on 30.08.2022, at 11 a.m. and in the event of arrest of the petitioners in Crime No.136 of 2014 of Punnapra Police Station, Alappuzha, the petitioners shall be produced before the jurisdictional magistrate on the same day and shall be released on bail, subject to the following conditions:-

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(i) Petitioners shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court ;

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(ii) Petitioners shall appear before the investigating officer in Crime No.136 of 2014 of Punnapra Police Station, Alappuzha as and when summoned to do so;

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(iii) Petitioners shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.136 of 2014 of Punnapra Police Station, Alappuzha ;

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B.A. No.1085 of 2022

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.. 5 ..

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(iv) Petitioners shall not involve in any other

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crime while on bail.

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If any of the aforesaid conditions are violated, the

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investigating officer in Crime No.136 of 2014 of Punnapra Police Station, Alappuzha may file an application before the jurisdictional Court, for cancellation of bail.

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It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by the petitioners, even when the petitioners are on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State(NCT of Delhi) and

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another(2020(1)KHC 663).

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Sd/-

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VIJU ABRAHAM, JUDGE

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ded/23.08.2022

Madhu v. State of Kerala

Case brief

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Madhu v. State of Kerala

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