C.P John vs State Of Kerala

Bechu Kurian Thomas, J.

This application is filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.

Petitioner is the accused in Crime No.2964 of 2015 of Thiruvalla Police Station, Pathanamthitta District, now pending as C.C.No.219 of 2018 on the files of the Judicial First Class Magistrate Court, Thiruvalla. The offence alleged against the petitioner is under Section 420 of the Indian Penal Code, 1860.

According to the prosecution, the accused had with an intent to cheat the father of the defacto complainant, induced him to invest in a flat by paying huge amounts and thereafter, failed to hand over the flat nor return the amount and thereby committed the offence alleged.

I have heard Sri.Jai George, learned counsel for the petitioner, as well as Smt.T.V.Neema, learned Public Prosecutor.

Petitioner is alleged to have cheated the apartment purchasers by failing to construct the apartment or return the amounts invested by them. Petitioner was absconding for several years and he was finally arrested on 20.05.2023. In a similar case against the very same petitioner, this Court had granted bail on 26.06.2023 in B.A.No.4921 of 2023.

Considering the nature of allegations and the period of detention already undergone, I am of the view that further detention of the petitioner is not essential and that the petitioner can be released on bail on strict conditions.

Accordingly, I allow this application with the following conditions:-

(a) Petitioner shall be released on bail on him 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.

(b) Petitioner shall appear before the trial court on every posting date and shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses ; nor shall he attempt to tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not travel outside Kerala and shall surrender the passport. If the passport has already been surrendered an affidavit to that effect shall be submitted.

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, notwithstanding the bail having been granted by this Court.