Ajayakumar vs State Of Kerala

Mohammed Nias C.P., J

These applications are filed under Section 439 of the Code of Criminal Procedure, seeking regular bail.

B.A.No.8506/2023. The petitioner is the accused in Crime No. 511/2023 of Chirayinkeezh Police Station, Thiruvananthapuram District, for having allegedly committed offences punishable under Sections 406, 409, 418, 465, 468, 471, 477A and 420 of the Indian Penal Code. The allegation is that the petitioner obtained Rs.1,62,00,000/- by manipulating records related to fixed deposits, thereby cheated the Society. The petitioner is in custody since 13/07/2023.

B.A.No.8507/2023. The petitioner is the 1st accused in Crime No. 523/2023 of Chirayinkeezh Police Station, Thiruvananthapuram District, for having allegedly committed offences punishable under Sections 406, 409, 418 and 420 read with Section 34 of the Indian Penal Code. the allegation is that the petitioner, along with the other accused, obtained Rs.10,025,000/- by pledging fake gold ornaments with the Society in the name of his relatives, thereby cheated the Society. The petitioner’s arrest was recorded on 04/08/2023 in this case.

The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition and points out that the petitioner is not entitled to bail.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the nature of the allegations against the petitioner, the fact that he has been in custody since 13/07/2023 in connection with Crime No.511/2023, that the alleged forged documents are already recovered and also finding force in the contention of the petitioner, a Senior Clerk, alone cannot commit the alleged crime as the transactions in the Society takes place at multiple levels and also since there is no apprehension raised by the prosecution that if released on bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner as no other criminal antecedents have been reported against the petitioner. I am inclined to grant bail under such circumstances.

Accordingly, the applications are allowed, and the petitioner is granted bail subject to the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(ii) The petitioner shall report before the Investigating Officer as and when directed.

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

(iv) The petitioner shall not be involved in any other crime while on bail or leave India without the prior permission of the Court concerned.

(v) The petitioner shall surrender his passport, if any, within seven days from the date of his release before the Court concerned, and if the release of the passport is required at the later period, the petitioner shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If he has no passport, he shall file an affidavit to that effect before the court concerned on the date of execution of the bond or within three days thereafter.

(vi) The petitioner shall furnish his present address, along with his mobile phone number, to the court concerned as well as to the investigating officer.

If any of the conditions are violated, the court concerned shall be empowered to take steps for cancellation of bail as per law.