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2024 Supreme(Online)(KER) 30897

HIGH COURT OF KERALA
A. BADHARUDEEN, J
ANANTHU SIVAN , – Appellant
Versus
STATE OF KERALA, – Respondent
Bail Appl. 3781/2024



Advocates:
RISHAB S.

The court has the discretion to grant bail to an accused, considering the custody period and lack of criminal antecedents, while imposing conditions to ensure the accused's cooperation with the investigation and trial.

Headnote:

Bail - Criminal Procedure - Sections 420, 34 of IPC, Section 66D of IT Act - The court granted bail to the petitioner, the 14th accused in a case involving allegations of misappropriation of funds from the defacto complainants, considering the petitioner's custody period and lack of criminal antecedents, while imposing certain conditions to ensure the petitioner's cooperation with the investigation and trial.

Fact of the Case:

The prosecution alleged that the accused Nos. 1 to 14, including the petitioner, misappropriated Rs.8,72,700/- from the defacto complainants (95 in number) by offering to conduct a beneficiary task trading business and provide profits, but instead misappropriated the funds without returning the principal sum or interest.

Finding of the Court:

The court granted bail to the petitioner, the 14th accused, considering the petitioner's custody period since 21.03.2024 and lack of criminal antecedents, while imposing certain conditions to ensure the petitioner's cooperation with the investigation and trial.

Issues: Whether the petitioner, the 14th accused, should be granted bail in the case involving allegations of misappropriation of funds.

Ratio Decidendi: The court granted bail to the petitioner, considering the petitioner's custody period and lack of criminal antecedents, while imposing certain conditions to ensure the petitioner's cooperation with the investigation and trial.

Final Decision: The bail application is allowed, and the petitioner is released on bail subject to certain conditions.

ORDER

Dated this the 30th day of May, 2024 This is an application for regular bail, filed by the petitioner, who is the 14th accused in Crime No.134/2024 of Karunagapilly Police Station, where the prosecution alleges commission of offences punishable under Sections 420 , 34 of the Indian Penal Code and Section 66D of Information Technology Act 2000 .

2. Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel appearing for the defacto complainant. Perused the case records in detail.

3. The prosecution allegation is that accused Nos. 1 to 14 misappropriated Rs.8,72,700/- from the defacto complainants (95 in number) with offer to conduct beneficiary task trading business and to give profit therefrom after publishing the said business through Google platform. Then the amount was misappropriated without giving the principal sum or the interest.

4. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been in custody since 21.03.2024 and is liable to be released on bail taking note of his custody and the progress of investigation. Further the petitioner is a first time offender.

5. Since the petitioner has been in custody since 21.03.2024, the learned Public Prosecutor submitted that the investigation has achieved much progress. In such view of the matter, the petitioner, who has no criminal antecedents is liable to be released on bail.

Accordingly, the bail application is allowed and the petitioner is released on bail, by imposing the following conditions:

    i) The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Special Court concerned.
    ii) The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.
    iii) The petitioner shall appear before the Investigating Officer as and when directed.
    iv) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.
    v) The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.
    vi) The petitioner shall not meet, disturb or to deal with defacto complainant, in any manner, during the currency of bail, and any such event, if reported or came to the notice of this Court, the same alone shall be a reason to cancel the bail hereby granted.
    vii) The petitioner shall not leave India without permission of the jurisdictional court.
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