Alhad vs State Of Kerala

Application for regular bail under Section 439 of Cr.P.C The applicant is the 2nd accused in Crime No.641/2020 of Hemamabika Nagar Police

Station, Palakkad for having allegedly committed offences punishable under Sections 420, 465, 468 and 471 r/w Section 34 of IPC.

The prosecution case, in brief, is that the applicant had dishonestly induced the de facto complainant and her husband to deliver a sum of Rs.17.44

lakhs to the applicant promising a medical seat to their daughter and thereafter neither was the amount returned nor did he provide a seat as promised.

The applicant was arrested on 18.11.2020 and continues to remain in custody.

The applicant states that he is innocent and the allegations are not true and that he has been incorporated as an accused on a misunderstanding. It is

stated that the amount he had borrowed from the de facto complainant and her husband and there was no cheating or dishonest inducement as alleged

by the de facto complainant. The applicant states that he is willing to repay the amount. But as long as he continues in custody, he may not be able to

arrange for the repayment of the amount that he had allegedly borrowed and therefore seeks bail.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor submits that the applicant is involved in four other crimes of similar nature. He is involved in large scale cheating of

various persons promising medical seats to them in Medical Colleges at Bangalore. The 1st accused is also involved in the alleged crime. Therefore,

the applicant is not entitled to be released on bail.

After having heard the submissions made on both sides, I find that the applicant has been in custody since 18.11.2020 and his custodial interrogation

is over. He has been granted bail in similar crime registered at Vanchiyoor Police Station in Crime No.323/2020. In another crime the matter has been

settled and he has filed an application for quashing the proceedings under Section 482 Cr.P.C. Hence, apart from these crimes, there are two other

crimes pending against the applicant. The applicant undertakes that he is willing to cooperate with the investigation. He is ready to abide by any

conditions that may be imposed by this Court. Under the circumstances, I find that further incarceration of the applicant may not be necessary. He is

therefore directed to be released on bail on execution of bond for Rs.2,00,000/- (Rupees two lakhs only) with two solvent sureties, each for the like

amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) He shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of two months or till the filing of final

report whichever is earlier.

(ii) He shall surrender his passport before the jurisdictional court. In case he does not have a passport, he shall file an affidavit to that effect.

(iii) He shall not get involved in similar cases during the pendency of the bail,

(iv) He shall not tamper with evidence, intimidate or influence the witnesses.

In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.