Asadullah Afzal Ali Khan vs State Of Kerala

Ziyad Rahman A.A., J

The petitioners are accused Nos.1 and 2 in Crime No.55 of 2023 of West Police Station, Kollam. The offences alleged against the petitioners are under Sections 419, 384 and 201, read with 34 IPC.

The prosecution case is that on 16.01.2023 at about 9.45 am, while the de facto complainant was proceeding through the Madayilmukku road, the 1st and 2nd accused approached the de facto complainant and cheated her by impersonation stating that they were CID officials and intentionally put the de facto complainant in fear, exhorted her and induced her to deliver away her gold chain and gold ring worth 4 sovereigns, thereby caused wrongful loss of Rs.1,00,000/-. The crime was registered in such circumstances, and as part of the investigation, the petitioners were arrested on 11.02.2023. Since then, they have been under judicial detention. This application for regular bail is submitted in such circumstances.

Heard Sri.Basil Chandy Vavachan, learned counsel for the petitioners and Sri.C.S.Hrithwik, learned Public Prosecutor for the State.

The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations. According to him, a false complaint was raised against the petitioners. Now investigation is already over, and the final report is submitted. Therefore, further incarceration of the petitioner is not necessary. The learned counsel further points out that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court.

The learned Public Prosecutor, on the other hand would oppose the aforesaid application. The learned Public Prosecutor further pointed out that the petitioners are habitual offenders, and they are involved in three other crimes in Kerala and two other crimes in Tamil Nadu. Modus operandi of the petitioners in all the cases is similar in nature and therefore, dismissal of the bail application was sought. However, it is confirmed that the final report is submitted in this case.

I have gone through the records and heard the contentions from both sides. There are indeed allegations against the petitioners and the petitioners are having criminal antecedents. But the fact remains that the petitioners have been in custody since 11.02.2023 and the investigation in this case is already over. The trial of the case is likely to take some time. In such circumstances, I do not find any necessity for the continued incarceration of the petitioners. The petitioners can be granted bail subject to appropriate conditions to ensure that the petitioners are cooperating with the trial and are not indulging in any other crimes while on bail.

In such circumstances, this bail application is allowed, and the petitioners are directed to be released on bail subject to following conditions.

(i) The petitioners shall be released on bail on executing bonds for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court. The sureties offered by the petitioner shall be local persons.

(ii)The petitioners shall appear before the trial court as and when required.

(iii) The petitioners shall also appear before the investigating officer as and when required by him.

(iv) The petitioners shall not commit any offence of similar nature while on bail.

(v) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The petitioners shall surrender their passport, if any, before the Jurisdictional Court. If they do not have a passport, an affidavit to that effect shall be submitted before the jurisdictional court.

(vii) The petitioners shall not leave the State of Kerala without the permission of the trial Court.

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