Dinesh K.R @Dinu vs State Of Kerala

This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

The petitioner is 3rd accused in Crime No 2830 of 2020 of Venjaramood Police Station. The offences alleged are under sections 406,420,465,468

r/w 34 of Indian Penal Code.

The allegation against the petitioner is that, on 02.07.2020, the accused persons, in furtherance of their common intention to cheat the Canara Bank,

Venjaramood branch, pledged spurious gold and obtained a loan of Rs 20,40,000/-.The specific allegation against the petitioner is that, it was he, who

manufactured the gold ornaments.

On basis of the order passed by this court in his pre-arrest bail application numbered as BA No. 2404/2021, the petitioner had surrendered before

the investigating officer on 8.04.2021. Later he was produced before the jurisdictional Magistrate, and he was remanded to judicial custody, as his

application for bail under section 437 was dismissed. Since then he is under detention.

Heard both sides and perused the case diary.

The learned counsel for the petitioner submitted that the petitioner is innocent and he was falsely implicated in the present case. It is contended by

him that, the materials available are not sufficient to establish the offence alleged against him. The learned Public Prosecutor opposed the bail

application. According to him, the accused committed the offences alleged against him and he had an active role in commission of the crime. It is also

contended that, in case the petitioner is released on bail, he is likely to influence the witnesses and thereby interfere with the ongoing investigation.

Perusal of the case diary would reveal that prima facie there are materials to connect the petitioner to the crime. However, he is in judicial custody

since 8.04.2021, and more than a month has been elapsed. Investigation has advanced considerably and therefore, continued incarceration of the

petitioner appears to be not necessary.

It is also a relevant aspect to notice that, on account of the alarming situation prevailing in the State owing to wide spread of COVID-19 Pandemic,

the Government is taking measures to de-congest the prisons so as to enable the authorities concerned to maintain social distancing within the prisons.

As part of the said initiative, they have issued G.O(Rt)No.1311/2021/HOME dated 05/05/2021, directing the authorities concerned to grant parole to

eligible inmates of the Prisons in the State, subject to the compliance of Rule 397(L) of the Kerala Prisons and Correctional Services (Management)

Rules 2014. The Honourable Supreme Court also, vide order dated 7.05.2021 in Suo Motu Writ Petition (C) No. 1/2020 issued various directions for

minimizing the strength of inmates in prisons. In my view, the above aspects are also very much relevant while considering this bail application.

Thus, considering the totality of the facts and circumstances, I am of the view that the petitioner can be released on bail, subject to some conditions.

In the result, the application is allowed on the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum

each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioner shall fully co-operate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.

However, it is made clear that, this requirement shall stand suspended during the period of lock down declared by the Government or any other

competent authorities in this regard.

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

(v) The petitioner shall not commit any offence of like nature while on bail.

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try

to tamper with the evidence or influence any witnesses or other persons related to the investigation.

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