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Udayan vs State Of Kerala on 5 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

FRIDAY, THE 05TH DAY OF APRIL 2019 / 15TH CHAITHRA, 1941

Bail Appl..No. 2242 of 2019

AGAINST THE ORDER/JUDGMENT IN CMP 943/2019 of JUDICIAL
MAGISTRATE OF FIRST CLASS , HARIPAD

CRIME NO. 171/2019 OF Veeyapuram Police Station , Alappuzha

PETITIONER/S:

UDAYAN,
AGED 49 YEARS
S/O.NARAYANAN, SREEKRISHNA VILASAM VEEDU,
ANARI, CHERUTHANA, KARTHIKAPALLY, ALAPPUZHA.

BY ADVS.
SRI.K.R.VINOD
SMT.M.S.LETHA

RESPONDENT/S:
STATE OF KERALA,
REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI – 682 031.

OTHER PRESENT:
SRI.C.S.HRITHWIK,PP,SMT.V.SREEJA,PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.04.2019, ALONG WITH Bail Appl..2252/2019, Bail
Appl..2253/2019, Bail Appl..2254/2019, Bail
Appl..2255/2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Bail Appl..No. 2242 of 2019

connected cases

-2-

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

FRIDAY, THE 05TH DAY OF APRIL 2019 / 15TH CHAITHRA, 1941

Bail Appl..No. 2252 of 2019

AGAINST THE ORDER/JUDGMENT IN CMP 950/2019 of JUDICIAL
MAGISTRATE OF FIRST CLASS , HARIPAD

CRIME NO. 185/2019 OF Veeyapuram Police Station , Alappuzha

PETITIONER/S:

UDAYAN
AGED 49 YEARS
S/O.NARAYANAN, SREEKRISHNA VILASAM VEEDU,
ANARI, CHERUTHANA, KARTHIKAPALLY, ALAPPUZHA.

BY ADVS.
SRI.K.R.VINOD
SMT.M.S.LETHA

RESPONDENT/S:
STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI-682031.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.04.2019, ALONG WITH Bail Appl..2254/2019, Bail
Appl..2253/2019, Bail Appl..2255/2019, Bail
Appl..2242/2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Bail Appl..No. 2242 of 2019

connected cases

-3-

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

FRIDAY, THE 05TH DAY OF APRIL 2019 / 15TH CHAITHRA, 1941

Bail Appl..No. 2253 of 2019

CRIME NO. 180/2019 OF Veeyapuram Police Station , Alappuzha

PETITIONER/S:

UDAYAN
AGED 49 YEARS
S/O.NARAYANAN, SREEKRISHNA VILASAM VEEDU,
ANARI, CHERUTHANA, KARTHIKAPALLY, ALAPPUZHA.

BY ADVS.
SRI.K.R.VINOD
SMT.M.S.LETHA

RESPONDENT/S:
STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI-682031.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.04.2019, ALONG WITH Bail Appl..2254/2019, Bail
Appl..2255/2019, Bail Appl..2252/2019, Bail
Appl..2242/2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Bail Appl..No. 2242 of 2019

connected cases

-4-

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

FRIDAY, THE 05TH DAY OF APRIL 2019 / 15TH CHAITHRA, 1941

Bail Appl..No. 2254 of 2019

AGAINST THE ORDER/JUDGMENT IN CRMP 941/2019 of JUDICIAL
MAGISTRATE OF FIRST CLASS , HARIPAD

CRIME NO. 173/2019 OF Veeyapuram Police Station , Alappuzha

PETITIONER/S:

UDAYAN
AGED 49 YEARS
S/O.NARAYANAN, SREEKRISHNA VILASAM VEEDU,
ANARI, CHERUTHANA, KARTHIKAPALLY, ALAPPUZHA.

BY ADVS.
SRI.K.R.VINOD
SMT.M.S.LETHA

RESPONDENT/S:
STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, KOCHI-682031.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.04.2019, ALONG WITH Bail Appl..2253/2019, Bail
Appl..2255/2019, Bail Appl..2252/2019, Bail
Appl..2242/2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Bail Appl..No. 2242 of 2019

connected cases

-5-

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

FRIDAY, THE 05TH DAY OF APRIL 2019 / 15TH CHAITHRA, 1941

Bail Appl..No. 2255 of 2019

AGAINST THE ORDER/JUDGMENT IN CMP 940/2019 of JUDICIAL
MAGISTRATE OF FIRST CLASS , HARIPAD

CRIME NO. 175/2019 OF Veeyapuram Police Station , Alappuzha

PETITIONER/S:

UDAYAN
AGED 49 YEARS
S/O.NARAYANAN, SREEKRISHNA VILASAM VEEDU,
ANARI, CHERUTHANA, KARTHIKAPALLY, ALAPPUZHA.

BY ADVS.
SRI.K.R.VINOD
SMT.M.S.LETHA

RESPONDENT/S:
STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, KOCHI-682031.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.04.2019, ALONG WITH Bail Appl..2254/2019, Bail
Appl..2253/2019, Bail Appl..2252/2019, Bail
Appl..2242/2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Bail Appl..No. 2242 of 2019

connected cases

-6-

ORDER

The petitioner is the second accused

in Crime Nos.171/2019, 185/2019, 180/2019,

173/2019 and 175/2019 of Veeyapuram Police

Station. All the above said crimes except

Crime No.185/2019 were registered for the

offence punishable under Section 406 r/w

Section 34 IPC. The Crime No.185/2019 was

registered for the offences punishable under

Sections 406 and 420 r/w Section 34 IPC.

2. The above crimes were registered

on the basis of the petitions filed by

different defacto complainants. The common

allegation in all the above said crimes is

that even though the petitioner and the

other accused borrowed money from the
Bail Appl..No. 2242 of 2019

connected cases

-7-

defacto complainants during 2018-2019 for

their personal purpose, the petitioner and

the other accused did not repay the said

amount.

3. The petitioner was arrested on

6.3.2019 in all the above said crimes except

in Crime No.185/2019. In Crime

No.185/2019, the petitioner was formally

arrested on 16.03.2019.

4. Heard.

5. The learned counsel for the

petitioner has submitted that there is

absolutely no document to show that the

petitioner borrowed any amount from the

respective defacto complainant in the above

said crimes.

Bail Appl..No. 2242 of 2019

connected cases

-8-

6. The learned Public Prosecutor has

also fairly conceded that no document is

available to substantiate that the

petitioner borrowed any amount from the

respective defacto complainant. Having gone

through the allegations, I am of the view

that it is doubtful as to whether the

ingredients of the offence under Section 406

IPC are made out in the allegations in the

above said crimes. It is also doubtful

whether the ingredients of the offence under

Section 420 IPC are made out in the case.

The mere borrowing of the amount alone will

not constitute the offence under Section 420

IPC, unless there is allegation to the

effect that the petitioner had the dishonest
Bail Appl..No. 2242 of 2019

connected cases

-9-

intention to deceive the defacto

complainants at the inception of the

transaction.

7. Having gone thorough the relevant

inputs, I am of the view that the further

detention of the petitioner is not necessary

in the above said crimes. In the said

circumstances, I am inclined to allow these

applications.

In the result, these bail applications

stand allowed and the petitioner shall be

enlarged on bail in each of the above said

crimes on condition of the petitioner

executing a bond for Rs.30,000/- (Rupees

Thirty thousand only) each, in each of the

above said crimes, with two solvent sureties
Bail Appl..No. 2242 of 2019

connected cases

-10-

each, each for the like sum to the

satisfaction of the Jurisdictional

Magistrate and subject to the following

further conditions:-

(i) The petitioner shall report
before the Investigating Officer
as and when required by the
Investigating Officer for
interrogation.

(ii) The petitioner shall not
intimidate or influence the
witnesses or in any way tamper
with the investigation.

Sd/-

B. SUDHEENDRA KUMAR,
JUDGE
STK
//TRUE COPY//

//P.A. TO JUDGE//
//True co

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