Bibin Babu vs State Of Kerala

This petition is filed under Section 439 of the Code of Criminal Procedure.

The petitioner herein is the 1st accused in Crime No.102 of 2018 of the Edathua Police Station, registered under Section 420 read with Section 34 of the IPC and Section 10 of the Emigration Act, 1983.

The allegation is that the petitioner along with his wife, who has been arrayed as the 2nd accused in the Crime, entered into a conspiracy with accused Nos. 3 and 4 and induced the de facto complainant to part with a sum of Rs.85000/-assuring that his son would be provided with an employment in Qatar. The sum was handed over. On their failure to arrange the assured employment or to repay the amount, information was furnished and the Crime was registered.

The learned counsel appearing for the petitioner submitted that the petitioner is totally innocent. He had only a minor role to play and according to the learned counsel, the petitioner was defrauded by the 3rd accused. It is further submitted that he was arrested on 22.01.2018 and substantial part of the investigation is over.

Heard the learned Public Prosecutor and I have gone through the case diary. It appears that insofar as the petitioner is concerned the investigation has reached the end stages. It is not reported that the petitioner is a person with criminal antecedents and no apprehension is expressed that he will be unavailable at the stage of trial.

Having regard to the facts and circumstances, I am of the view that the petitioner can now be released on bail by imposing stringent conditions.

In the result, this petition will stand allowed. However, it shall be subject to the following conditions:

1). The petitioner shall be released on bail on his executing a bond for Rs. 50,000/-(Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

2).The petitioner shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for 2 months or till final report is filed, whichever is earlier.

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

4). The petitioner shall not commit any offence while he is on bail.

5).The petitioner shall surrender his passport before the court below or if he does not have one, he shall file an affidavit to that effect within five days of his release. Application for release of the passport, if any, shall be considered by the Trial court at the appropriate stage.

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.