Arun Chandran Pillai vs State Of Kerala

The above captioned application seeking regular bail is filed under Section 439 of the Code of Criminal Procedure( “Code†for short ) by the 1st

accused in Crime No. 325 of 2021 of the Kollam East Police Station registered under Sections 420 read with Section 34 of the IPC.

The petitioner is a native of the State of Tamil Nadu. With intent to defraud the defacto complainant, the petitioner is alleged to have approached

him and by assuring that he would be provided with a job in the Air Force, a sum of about Rs.14 Lakhs was allegedly received during the period from

01.07.2020 to 02.11.2020. The de facto complainant was also made to believe that he would be provided with a Gypsy Car. When the petitioner failed

to provide the job or in the alternative to refund the amount received, the law was set in motion.

The learned counsel appearing for the petitioner points out that the petitioner was arrested in connection with the aforesaid crime on 07.04.2021 and

he has been in custody since then. The learned counsel would urge that the fundamental postulate of criminal jurisprudence is the presumption of

innocence, meaning thereby that a person is believed to be innocent until found guilty. He would vehemently urge that any imprisonment before

conviction has a substantial punitive content and which has time and again been disapproved by this Court as well as the Apex Court.

The learned Public Prosecutor has very vehemently opposed the prayer. It is contended that the petitioner is involved in identical crimes registered

at Cheranalloor Police Station, Nedumpuzha Police Station, Kodakara Police Station, Malayinkeezhu Police Station and Kalamassery Police Station

and according to him, using the same modus operandi, the petitioner has been deceiving innocent job seekers from the year 2019 onwards.

I have considered the submissions advanced and have perused the materials which are made available. Though the petitioner is stated to be

involved in numerous crimes, it is not reported that he has been found guilty by a court of law. Having considered all the relevant aspects, including the

nature of accusations, the role assigned to the petitioner, the severity of the punishment which conviction would entail, the reasonable possibility of

securing his presence at the stage of trial, and other factors I am of the view that the further detention of the petitioner in custody is not necessary. He

can be granted bail by imposing appropriate conditions.

In the result, this application will stand allowed, however, it shall be subject to the following conditions:

The petitioner shall be released on bail on his executing a bond for Rs.3,00,000/-(Rupees three lakhs only) with two solvent sureties each for the like sum to the

satisfaction of the court having jurisdiction. Sureties shall be the persons with properties in the State of kerala.

The petitioner shall appear before the Investigating Officer between 9 a.m. and 11 a.m. on every Saturday for a period of two months or until the filing of the final

report whichever is earlier.

The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

It is made clear that if the petitioner involves himself in any similar crimes , the bail granted on the strength of this order is liable to be cancelled

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.