Arun @ Arun Maniyan vs State Of Kerala

A. Badharudeen, J

The sole accused in Crime No.203/2022 of Pulinkunnu Police Station, Alappuzha is the petitioner and he seeks regular bail in this petition filed under Section 439 of the Code of Criminal Procedure for the offences punishable under Sections 406 and 420 of the Indian Penal Code (`IPC' for short hereinafter).

Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the case diary along with the report of the Investigating Officer placed by the learned Public Prosecutor.

The prosecution allegation is that the accused herein with intention to cheat the defacto complainant and thereby to make unlawful enrichment to himself and to cause corresponding loss to the defacto complainant, received Rs.1,66,000/- on 26.06.2021 in his account through the account of the defacto complainant with offer to arrange job visa to the defacto complainant in Russia. Thereafter, he had collected Rs.78,000/-more. The sum and substance of the prosecution allegation is that though the accused herein collected a total sum of Rs.2,50,000/-with offer to provide job visa to Russia, he failed to provide either visa or to return the money. It is on this premise, the prosecution alleges commission of offences punishable under Sections 406 and 420 of the Indian Penal Code.

While pursuing the relief of regular bail to the petitioner, who had been in custody from 28.01.2023, the learned counsel for the petitioner would submit that the investigation is practically over and the petitioner, who has been in custody, is liable to be released on bail.

The learned Public Prosecutor strongly opposed grant of bail to the petitioner on two grounds. According to the learned Public Prosecutor, the petitioner is a habitual offender, having involvement in similar crimes. According to the learned Public Prosecutor, in Crime No.334/2022 of Mararikulam Police Station, alleging commission of offences punishable under Sections 406 and 420, there is allegation to the effect that he had forged and used documents as genuine by cheating the defacto complainant in the said case with offer to arrange job visa in Russia. The learned Public Prosecutor also pointed out that Crime No.193/2023 of Neyyattinkara Police Station, alleging commission of offences punishable under Sections 406 and 420 was registered on similar set of facts. According to the learned Public Prosecutor, the investigation in this crime is at the primitive stage and the money misappropriated by the petitioner, not so far recovered. Therefore, release of the petitioner at this primitive stage would hamper the investigation.

On perusal of the case diary, the prosecution case is well made out, that is to say, the petitioner herein obtained a total sum of Rs.2,50,000/- with undertaking to provide job visa in Russia on 2 occasions, viz., @ Rs.1,06,000/- on 26.06.2021 through account transfer and Rs.78,000/- thereafter by CDM transfer. Further he alleged to have received Rs.6,000/- directly. So, the complicity of the petitioner in this case is well made out. The report of the Investigating Officer does not suggest recovery of any amount and it is noticed that the entire amount was misappropriated by the petitioner. The criminal antecedents of the petitioner and his involvement in cases of similar nature would aggravate his claim for regular bail since he has involvement in 3 crimes altogether of the same nature.

However, considering the custody of the petitioner from 28.01.2023 and the progress of the investigation, I am inclined to release him on bail by imposing stringent conditions and one among such conditions is that the petitioner/accused shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same alone shall be a reason to cancel the bail hereby granted.

Accordingly, the petition stands allowed and the petitioner can be released on bail on the following conditions:

i. Accused/petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court concerned.

ii. Accused/petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. He shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a period of two months and also appear before the Investigating Officer as and when directed.

iii. Accused/petitioner shall not leave India without prior permission of the jurisdictional court.

iv. The petitioner shall surrender his passport, if any, within 7 days from the date of their release, before the trial court. If he has no passports, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

v. Accused/petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same alone shall be a reason to cancel the bail hereby granted.