In revisionary bail applications, the court dismissed the plea for anticipatory bail, holding that custodial interrogation was essential to ascertain the source of spurious gold pledging and arrest was necessary to prevent hampering the investigation.
Petitioner directed to surrender voluntarily before the Investigating Officer.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
BAIL APPL. NO. 121 OF 2023
CRIME NO.569/2022 OF VARANTHARAPPILLY POLICE STATION, THRISSUR PETITIONER/ACCUSED NO.2:
RAJESH K B AGED 43 YEARS S/O.BALAN, KORAPPATH HOUSE, VASUPURAM DESOM, MATTATHOORKUNNU P.O., CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680684 BY ADVS. A.C.DEVY A.M.ABDULLA K.R.RAMISH
RESPONDENT/COMPLAINANT/STATE:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY SMT.T.V.NEEMA, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.03.2023, ALONG WITH Bail Appl..157/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
BAIL APPL. NO. 121 OF 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944 BAIL APPL. NO. 157 OF 2023
CRIME NO.574/2022 OF VARANTHARAPPILLYL POLICE STATION,
THRISSUR
PETITIONER/ACCUSED NO.2:
RAJESH K B AGED 43 YEARS S/O. BALAN, KORAPPATH HOUSE, VASUPURAM DESOM, MATTATHOORKUNNU P.O., CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680684 BY ADVS. A.C.DEVY A.M.ABDULLA K.R.RAMISH
RESPONDENT/COMPLAINANT/STATE:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 SMT.T V NEEMA, SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.03.2023, ALONG WITH Bail Appl..121/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
BAIL APPL. NO. 121 OF 2023
COMMON ORDER
Dated this the 13th day of March, 2023
[Bail Appl. Nos.121/2023 and 157/2023]
In bail application No.121/2023, Rajesh K.B., who got
arrayed as 2nd accused in crime No.569/2022 of Varantharappally police station seeks anticipatory bail. The same petitioner canvasses anticipatory bail in crime No.574/2022 of Varantharappally police station, where he got arrayed as 2nd accused.
4
BAIL APPL. NO. 121 OF 2023
as the Managing Partner. The specific allegation is that by pledging spurious gold, the first accused availed gold loan to the tune of Rs.6,12,000/- (Rupees six lakh twelve thousand only) on various occasions. The further case of the prosecution is that when the first accused was arrested and questioned, he disclosed that the above spurious gold was handed over by the second accused, for the purpose of pledging and both the accused together pledged spurious gold in other financial institutions and obtained money. On the basis of this statement, when the call details were examined, it was found that there were constant calls and financial transactions between the first and the second accused and therefore, the prosecution would allege that the second accused is the person, who handed over the spurious gold to the first accused, for the purpose of pledging. It is on this premise, the prosecution alleges commission of offences punishable under Section 420 read with Section 34 of IPC.
5
BAIL APPL. NO. 121 OF 2023
6
BAIL APPL. NO. 121 OF 2023
that there are financial transactions between the first and the second accused for other purposes and the same cannot be held as one, for the purpose of any other dealings and the petitioner is absolutely innocent in the matter of pledging of spurious gold.
BAIL APPL. NO. 121 OF 2023 7
spurious gold was handed over by the second accused/petitioner herein to the first accused and the first accused, in turn, pledged the same to 'Anugraha Finance', Nandipulam and obtained loan to the tune of Rs.6,12,000/(Rupees six lakh twelve thousand only). Similarly, the first accused pledged 57.00 gm of spurious gold entrusted by the second accused/petitioner herein and availed gold loan to the tune of Rs.2 lakh from the Inchakkundu Service Co-operative Bank, Mupliyam. The prosecution case is that the above spurious gold was supplied by the petitioner herein and the call details in between the first and the second accused, including the financial transactions, would establish the same, prima facie . Since the prosecution has specific allegation that the second accused is the person, who handed over 220.500 gm (163.500 gm + 57.00 gm) of gold, for the purpose of pledge, his arrest, custodial interrogation and source of the spurious gold are essential part of the investigation. Therefore, custodial interrogation is necessary in this case, as rightly
8
BAIL APPL. NO. 121 OF 2023
pointed out by the learned Public Prosecutor.
Accordingly, these petitions stand dismissed.
Since it is submitted by the learned counsel for the
petitioner that, the petitioner is ready to surrender before the Investigating Officer, the petitioner can do the same since the same is a voluntary action at his volition.
Sd/A. BADHARUDEEN
JUDGE
nkr
2 issues framed by the court
Whether anticipatory bail should be granted to the accused who was allegedly involved in pledging spurious gold.
Whether custodial interrogation is necessary to establish the source of spurious gold in the crime.
RAJESH K B
STATE OF KERALA
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
