Ajith George vs State Of Kerala

This Bail Application is filed under Section 439 of the Code of Criminal Procedure.

The petitioner is accused No.1 in Crime No.848/2019 of Ettumanoor Police Station, Kottayam. The offences alleged are punishable under Sections 406, 420 & 506(I) r/w Section 34 of the Indian Penal Code.

The prosecution case is that the petitioner had extended a false and fraudulent promise to the defacto complainant and his brother, offering them to arrange a Visa in a foreign country and collected a sum of Rs.9,50,000/- from them. But neither any visa was arranged nor the money was returned to the defacto complainant thereby the petitioner and the other accused committed the offences mentioned above.

The petitioner was arrested on 05.03.2021 and he has been in judicial custody since then.

Heard the learned counsel for the petitioner and the learned Pubic Prosecutor.

The learned counsel for the petitioner submitted that the defacto complainant and the petitioner were good friends and they were engaged in a joint business activity and subsequently the defacto complainant cooked up a story regarding the Visa transaction and a false complaint was registered.

The learned Public Prosecutor submitted that the investigation in this case is almost in the final stage and the further detention of the petitioner is not required. It is also submitted that the other accused in this case were ordered to be released on bail.

Considering the stage of the investigation and the tenure of judicial custody undergone by the petitioner, I am of the view that the petitioner is entitled to be released on bail on conditions.

In the result, this Bail Application is allowed subject to the following conditions :

(a) The petitioner is ordered to be released on bail on his executing 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.

(b) The petitioner shall appear before the Investigating Officer on all Wednesdays between 10 A.M. and 11 A.M. till the final report is filed.

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

(d) If any of the bail conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail in accordance with law.