Albert V.G vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.805/2022 of Binanipuram Police Station, Ernakulam District. The offences alleged against the petitioner are under Sections 420 and 406 of the Indian Penal Code, 1860.

According to the prosecution, on 26.11.2022, the accused had pledged fake gold ornaments with the Muppathadam Service Co-operative Bank to the extent of 32.100 gram and obtained Rs.1,02,500/- and cheated the defacto complainant thereby committed the offences alleged.

Sri.Sherry J.Thomas, learned Counsel for the petitioner submitted that the prosecution allegations are false and the incident as alleged had not occurred.

Smt.Sreeja.V., learned Public Prosecutor on the other hand opposed the grant of bail and submitted that petitioner was arrested only on 25.03.2023 and not on 26.11.2022, as pleaded. It was further submitted that the investigation is still going on and the 2nd accused is yet to be arrested.

I have considered the rival contentions.

On an appreciation of the contentions, it is noticed that more than 60 days have elapsed since the date of arrest and the date of remand of the petitioner. Till date, the final report has not yet been filed. Therefore, taking note of the date of detention and the period already undergone, I am of the view that the provisions of Section 167(2)(a)(ii) of Cr.P.C. will apply and the petitioner is entitled to be released on statutory bail.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him 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 court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.