IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J.
Manoj, S/o. Balakrishnan - Appellant
Versus
State Of Kerala - Respondent
B.A.Nos.7172, 7569,7562,7560,7556 & 7567 of 2025
Decided on : 02-07-2025
The bail applications are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for offences punishable under Section 318(4) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 420 r/w Section 34 of the Indian Penal Code. The allegations involve the accused collecting money from complainants with the promise of supplying scooters at a discount but failing to deliver. The court finds the petitioner's situation similar to previously decided bail applications and orders conditions for surrender and interrogation by the Investigating Officer, allowing for bail applications to be filed at the jurisdictional court thereafter.
| Table of Content |
|---|
| 1. allegations of fraud in subsidy provision. (Para 2 , 3) |
| 2. contextualizing the accused's involvement. (Para 4 , 7) |
| 3. dispute on validity of accusations. (Para 5 , 6) |
| 4. application of established precedent for bail. (Para 9) |
ORDER :
BECHU KURIAN THOMAS, J.
These bail applications are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).
2. Petitioner is the accused in Crime Nos.383 of 2025, 416 of 2025, 402 of 2025, 398 of 2025, 385 of 2025 and 412 of 2025, of Peramangalam Police Station, Thrissur. Crime Nos.398 of 2025, 412 of 2025 and 383 of 2025 of Peramangalam Police Station are registered for the offences punishable under Section 318 (4) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023, while the remaining crimes are registered under Section 420 r/w Section 3 4 of the Indian Penal Code, 1860 .
3. The allegations in all these cases are almost identical and they are as follows: The accused had collected large amounts of money from the de facto complainants promising them to be provided with scooters and other articles on a 50% subsidy from their CSR fund and assured that the articles will be supplied without delay. However, after collecting the amounts from the de facto complainants, the accused failed to supply the scooter and other articles or return the amounts collected and thereby committed the offences alleged.
4. Heard Sri.C.Harikumar, the learned Counsel for the petitioner as well as Sri.Prasanth M.P., Smt.Sreeja V. and Sri.Noushad K.A., the learned Public Prosecutors.
5. The learned counsel for the petitioner submitted that the prosecution allegations are false and that the petitioner has been falsely arrayed as an accused.
6. The learned Public Prosecutor opposed the bail applications and submitted that custodial interrogation is necessary.
7. The prosecution allegations are prima facie connected with certain other crimes registered against two persons by name Sri.Anandhu Krishnan and Sri.Anand Kumar. They are alleged to have promoted a scheme for supplying articles at 50% subsidy to various persons. Those two persons were under custody for a sufficiently long period of time.
8. Petitioner is the person, who was allegedly inducted into the scheme by the aforesaid two persons. On the basis of the offers projected by the said Sri.Anandhu Krishnan and Sri.Anand Kumar, petitioner had collected amounts from the de facto complainants and claims to have transferred them to the above mentioned two persons. However, they in turn failed to supply the articles or return the money and, therefore, petitioner is being proceeded against by the de facto complainants.
9. In B.A.No.1877 of 2025 and connected cases a learned Single Judge of this Court had disposed of the bail applications directing the accused therein to surrender and be subjected to interrogation and thereafter the jurisdictional Court was directed to consider the bail applications in the light of the decision in Arnesh Kumar v. State of Bihar and Another [ 2014 (8) SCC 273 ] Since there is no dispute that petitioner also stands on the same footing as the applicants in B.A.No.1877 of 2025 and connected cases, I am of the view that a similar order can be issued extending the benefit of that order to the petitioner as well.
Accordingly, these bail applications are disposed of with the following directions:
(a) Petitioner will surrender before the Investigating Officer within three weeks from today.
(b) If the petitioner surrenders before the Investigating Officer as directed above, the Investigating Officer is free to interrogate him. The Investigating Officer is free to ask the petitioner to appear on consecutive days if necessary, but he shall not be arrested, till interrogation is over.
(c) If the Investigating Officer feels that the arrest is inevitable, even after interrogation, the Investigating Officer shall follow the principle laid down by the Apex Court in Arnesh Kumar's case (supra) and shall produce the p
The court stressed on following principles laid down by the Apex Court regarding bail and interrogations, ensuring rights of the accused are upheld.
The necessity of arrest must be justified by police based on specific criteria, ensuring adherence to principles established in prior case law.
The police must justify the necessity of arrest based on established criteria, ensuring adherence to legal principles before detaining individuals accused of crimes punishable by up to seven years.
The necessity of arrest must be justified by police based on established legal principles, ensuring it is not arbitrary.
Bail is the rule and jail is the exception; arrest must be justified by necessity, emphasizing personal liberty.
The court emphasized balancing personal liberty against investigational rights, allowing bail for the elderly petitioner in light of health concerns and no flight risk.
The court held that mere assertions by the State regarding the need for custodial interrogation are insufficient; a stronger evidentiary basis is required to justify such measures.
The court emphasized that bail applications require careful consideration of personal liberty against the needs of police investigation and established trust in the accused to adhere to bail conditio....
The court emphasized the delicate balance between personal liberty and police investigation needs in non-bailable offences, granting bail based on the accused's age and health, while ensuring safegua....
Claims of innocence require substantial evidence; bail granted where custodial interrogation not necessary.
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