IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 12^TH DAY OF MAY 2023 / 22ND VAISAKHA, 1945 BAIL APPL. NO. 3353 OF 2023 C.C.NO.78/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS - III, KOLLAM (CRIME NO.808/2022 OF Kollam West Police Station, Kollam)

PETITIONER:

DHEERAJ KUMAR PERIWAL AGED 35 YEARS, THANA COLONY ROAD, ISLAMPUR PO, UTHAR DINAJPUR DISTRICT, WEST BENGAL, PIN-733202, NOW RESIDING AT

14/31, SHAKTI, NEAR NAGLA PARK, NEW DELHI, PIN – 110007.

BY ADVS.

C.R.JAYAKUMAR NOBEL RAJU ABHIRAMI.R RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031.

2 THE STATION HOUSE OFFICER KOLLAM WEST POLICE STATION, KOLLAM, DISTRICT, PIN – 691013.

BY SR.PUBLIC PROSECUTOR SRI.P.G.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

12.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.G. AJITHKUMAR, J.

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B.A.No. 3353 of 2023 --------------------------------------------------------

Dated this the 12^th day of May, 2023

O R D E R

This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.

2. The petitioner is the accused in C.C.No.78 of 2023 on the file of the Judicial Magistrate of First Class-II, Kollam (Crime No.808 of 2022 of Kollam West Police Station) for having allegedly committed the offences punishable under Sections 406, 420, 465 and 468 of the Indian Penal Code, 1860.

3. The prosecution case is that the petitioner with dishonest intention had collected an amount of Rs.96 lakhs from the de facto complainant and other persons on giving assurance that due profit by investing the amount in Crypto Currency business will be given. The petitioner did not adhere to the assurance and did not pay the money back or the profits.

4. Annexure A3 is a copy of the final report, based on which C.C.No.78 of 2023 was instituted against the petitioner. Of course, the offences alleged against the petitioner include non-bailable offence as well. But when the final report is already filed and the matter is now pending consideration of the learned Magistrate, the petitioner need not have an apprehension that he would be arrested and unnecessarily detained by the police. The petitioner can be arrested in connection with the said case only if a bailable or non-bailable warrant is issued by the court. In the said circumstances, I am of the view that the petitioner can be directed to appear before the learned Magistrate within a period of two weeks. In the event of his appearing before the learned Magistrate within that period, he shall be released on bail subject to appropriate conditions as the Magistrate deems fit and appropriate.

The Bail Application is disposed of accordingly.

Sd/-

P.G. AJITHKUMAR, JUDGE dkr APPENDIX OF BAIL APPL. 3353/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE COMPLAINT NO.

631/2022 ON THE FILES OF LEARNED JFMC-

III, KOLLAM DATED 07.10.2022.

Annexure A2 TRUE COPY OF THE FIR IN CRIME NO.

808/2022 OF WEST POLICE STATION, KOLLAM DATED 11.10.2022.

Annexure A3 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 808/2022 OF WEST POLICE STATION, KOLLAM DATED 02.02.2023 WHICH IS NUMBERED AS CC NO. 78/2023 OF LEARNED JFMC-III, KOLLAM.

Annexure A4 TRUE COPY OF THE FLIGHT TICKET PURCHASED BY THE FROM AIR INDIA EXPRESS DATED 24/4/2023.