Ameersha vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the accused in Crime No.120 of 2021 of Idukki Police Station, Idukki, registered alleging commission of offences punishable under Sections 406 and 420 of the IPC.

The prosecution case is as follows:- The accused with an intention to make unlawful gain by cheating the defacto complainant and others, demanded an amount of Rs.25 lakhs from the defacto complainant who was working with him during the period 2017-2018 at AR camp, Idukki. When the defacto complainant told the accused that he had no money in his hand, the accused told him that if he take a loan from the Idukki Police Co-operative Society and transfer the said money to him, he would give huge profit to the defacto complainant after investing the amount in the businesses in the name of the wife and relatives of the accused and by investing the same in the share market. The accused made the defacto complainant to believe that he would repay the loan of the society. By making the defacto complainant to believe so, the accused obtained an amount of Rs.5 lakhs from the defacto complainant and thereafter, an amount of Rs.75,000/- was repaid to the defacto complainant in installments and the accused did not pay the balance amount of Rs.4,25,000/- and its interest to the defacto complainant. The accused had obtained an amount of Rs.15 lakhs from SCPO 3261 Madhusoothanan, an amount of Rs.5 Lakhs from SCPO 3206 Saimon, an amount of Rs.5 lakhs from 7043 Sinu, an amount of Rs.5 lakhs from 7044 Sajeev, an amount of Rs.5 lakhs from 7215 Bijumon, an amount of Rs.7.5 lakhs from SCPO 3550 Rajeesh, an amount of Rs.10 lakhs from SCPO 2974 Raju, an amount of Rs.5 lakhs from SCPO 3866 Jaisal, an amount of Rs.5 lakhs from Giji John, an amount of Rs.12 lakhs from Ratheesh Sasi and an amount of Rs.18.5 Lakhs from DVR SCPO 3652 Vinod. Altogether the accused had received an amount of about Rs.98 lakhs from the above 12 police personnel stating various reasons and thereafter he had cheated them by not repaying the same and that thereby the accused had committed the aforesaid offences.

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

Petitioner submits that he is in custody from 5.8.2022 onwards, and he has been falsely implicated in the above said crime. He further submits that he has no other criminal antecedents. The case of the petitioner is that even going by the prosecution allegation the matter involved is of a civil nature.

Having regard to the facts and circumstances of the case, and considering the nature of the allegations, and the petitioner is in custody from 5.8.2022 and he has no other criminal antecedents, I am inclined to grant bail to the petitioner, it is ordered that the petitioner shall be released on bail on the following conditions:

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

(ii) Petitioner shall appear before the investigating officer in Crime No.120 of 2021  of  Idukki  Police  Station, on  every Saturday at 11 am, until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No. 120 of 2021 of Idukki Police Station;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 120 of 2021 of Idukki Police Station may file an application before the jurisdictional court, for cancellation of bail.