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2022 Supreme(Online)(KER) 57986
HIGH COURT OF KERALA
VIJU ABRAHAM, J
SREEKANDAN NAIR – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./6114/2022
M.SREEKUMAR, PUBLIC PROSECUTOR
The court's decision underscores the principle that prolonged detention without strong evidence may justify granting bail, especially when the accused has been cooperative and poses no threat to the investigation.
Headnote:
Bail - Crime and Misappropriation - IPC Sections 409, 420, 201 - The court granted bail considering custody duration, lack of direct evidence linking the accused to the alleged crime during specified periods, while imposing stringent conditions to ensure cooperation with the investigation.
Fact of the Case:
The petitioner, the sole accused in a misappropriation case, was alleged to have misappropriated gold and silver ornaments between 2017 and 2022 while serving as a Senior Superintendent. The prosecution argued the petitioner altered evidence and replaced valuables, while the defense claimed innocence and lack of involvement.
Finding of the Court:
The court noted that the petitioner had been in custody since June 2022 and emphasized the absence of physical verification of the valuables or proper assessment. The court decided to grant bail while imposing conditions aimed at ensuring compliance with the ongoing investigation.
Issues: Whether the petitioner should be granted bail considering the gravity of the charges, evidence, and circumstances of the custody.
Ratio Decidendi: The court determined that the length of custody, the absence of compelling evidence directly linking the petitioner to the crime during his period of relevance, warranted the granting of bail under strict conditions.
Final Decision: Bail is granted to the petitioner with stringent conditions.
Dated this the 10th day of August, 2022 This is an application for Regular Bail.
2. The petitioner is the sole accused in Crime No.600/2022 of Peroorkada Police Station, Thiruvananthapuram alleging commission of offences punishable under Sections 409 , 420 & 201 of the IPC .
3. The prosecution allegation is that, between
08.08.2017 and 18.05.2022, the petitioner who was the Senior Superintendent of the Revenue Divisional Office, Thiruvananthapuram, had misappropriated gold ornaments, which were the thondy articles of various crimes, kept in the locker of the said office and pledged and sold those gold ornaments in various financial institutions. It is also alleged that, he had caused disappearance of evidence of misappropriation by destroying the records and mobile phone and replaced gold ornaments with fake ornaments and thereby committed the offences.
4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the charges levelled against him. Even going by the prosecution allegation the misappropriation took place between 08.08.2017 and 18.05.2022. The petitioner worked in the said office during the period from 30.03.2020 to 01.02.2021. It is further submitted that the petitioner has absolutely no involvement in the alleged crime and further that no physical verification of the valuables was done and no proper annual assessment has been done. It is further submitted that the petitioner is arrested on 19.06.2022 and he is in custody since then. It is also submitted that his daughter's marriage is fixed on 21.08.2022 to substantiate the said claim he has produced Anx.E- Marriage invitation card.
5. The learned Public Prosecutor, seriously opposed the application for bail mainly contending that the allegation against the petitioner is that he has misappropriated about 104 sovereign of gold ornaments and 152 grams of silver ornaments and Rs.47,500/- kept in the locker of his own custody in the Sub Divisional Magistrate Court which were the thondi in different cases. It is further revealed that fake ornaments were kept in the locker in place of the thondi articles and further that portion of the gold ornaments was recovered from various financial institutions that was pledged and further that remaining gold ornaments is yet to be recovered.
6. Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is in custody from 19.06.2022, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent conditions:
(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court; (ii) Petitioner shall appear before the investigating officer in Crime No.600/2022 of Peroorkada Police Station, Thiruvananthapuram on every Saturday at 11.00 am, and co-operate with the investigation;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.600/2022 of Peroorkada Police Station, Thiruvananthapuram;
(iv) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.600/2022 of Peroorkada Police Station, Thiruvananthapuram may file an application before the jurisdictional court, for cancellation of bail.
