Disposed

Sunilkumar v. State of Kerala

Kerala HC17 Feb 2022Bail Appl./1218/2022

Case brief

AI extract

What is this about?

This court disposed of an anticipatory bail application by observing that bail is generally not sustainable against arrest warrants for non-appearance. However, it issued directions for the petitioner to appear, deposit costs, and apply for bail in the trial court with an undertaking to cooperate.

What did the court decide?

Petitioner directed to appear before the lower court within 15 days, deposit Rs.5000 as costs, and file appropriate bail application with sureties.

Sunilkumar Vs State of Kerala — Bail and Remand | 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 SUNIL THOMAS

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THURSDAY, THE 17TH DAY OF FEBRUARY 2022 / 28TH MAGHA, 1943

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BAIL APPL. NO. 1218 OF 2022

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(CC.NO.12/2015 NOW TRANSFERRED AS LP 39/2017 ON THE FILE OF
ENQUIRY COMMISSIONER & SPECIAL JUDGE,THIRUVANANTHAPURAM)

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PETITIONER/ACCUSED NO.3:

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SUNILKUMAR

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AGED 68 YEARS, S/O.ITTIAMAN M.R, PROPRIETOR,
E-LIFE TECHNOLOGY,THAMPANOOR, THIRUVANANTHAPURAM, PIN –
695014.

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BY ADV N.JAGATH

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RESPONDENT/COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY THE SPL. PUBLIC PROSECUTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, HIGH COURT BUILDING, ERNAKULAM – 682031.

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2 DY. SUPERINTENDENT OF POLICE

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VACB SIU- 1, THIRUVANANTHAPURAM, PIN - 695033

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SR.GP REKHA .S

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 1218 OF 2022 2

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ORDER

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The petitioner herein stands arrayed as the third

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accused in Crime No.VC.8/2007/SIU of the VACB, Special Investigation Unit-I, Thiruvananthapuram, for offences punishable under Sections 13(2) r/w Section 13(1) (c) & (d) of Prevention of Corruption Act 1988 and under Sections 409, 201 & 120(B) of the Indian Penal Code. After investigation, final report was filed. Cognizance was taken and process was issued to the accused 1 to 3. Since the presence of the petitioner could not be ensured, in spite of repeated process, proceedings were taken to consign the file to the LP register and it is now pending as LP.No.39/2017 of the Enquiry Commissioner and Special Judge, Thiruvananthapuram.

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The petitioner has approached this court seeking

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BAIL APPL. NO. 1218 OF 2022 3

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bail. The explanation offered by the petitioner is that, he

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closed down his business and shifted to Nelloor, near Andra-Tamil Nadu border in 2005. He was not aware of the investigation and the filing of the final report. He was not aware of the proceedings. On coming to know about the case recently the petitioner has approached this court. He offered to appear before the court below and to participate in all future proceedings. He undertakes to appear before the court below regularly, either personally or through counsel. The apprehension of the petitioner is that, since the matter is consigned to the LP register, if

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he appears before the trial court, he is likely to be arrested.

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The apprehension is regarding the execution of

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the warrant issued by the court below. Since warrant is

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issued for non appearance in judicial proceedings a bail

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BAIL APPL. NO. 1218 OF 2022

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application is not sustainable. However, having regard to

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the entire facts and having taken note of the specific undertaking given by the petitioner that he shall cooperate with the trial in future and appear before the court below, either personally or through counsel, I am inclined to dispose of the bail application with the following directions:

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The petitioner shall appear before the court

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below or the court in charge at present, within a period of

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15 days from the date of issuance of this order.

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He shall also deposit a sum of Rs.5000/- (Rupees five thousand only) before the court below as costs for

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causing delay in judicial proceedings within the above period of 15 days. He shall file appropriate bail application

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and application to recall warrant and offer sureties. On

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such applications being filed along with the receipt of

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BAIL APPL. NO. 1218 OF 2022 5

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deposit of the amount, the court below shall take up the bail application and consider the bail application on the date of appearance itself, having regard to the facts mentioned above and also the undertaking given by the petitioner to appear and continue to appear on all posing dates. The court below shall consider the bail application and pass such orders on the same day itself. Petitioner shall also furnish to court his present address, telephone number, the contact details and email.

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Anticipatory Bail Application is disposed of.

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sd/-

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SUNIL THOMAS, JUDGE

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R.AV

Sunilkumar v. State of Kerala

Case brief

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Sunilkumar v. State of Kerala

Case brief

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