Favas 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 accused No.5 in Crime No.124 of 2023 of Thrissur Town West Police Station, alleging offences punishable under Sections 379, 406, 419 and 420 read with Section 34 of the Indian Penal Code, 1860.

According to the prosecution, pursuant to a criminal conspiracy, the accused took Rs.60,00,000/- from the defacto complainant after inducing him to believe that the first accused would arrange foreign currency worth Rs.1.20 Crores and collected Rs.10,00,000/- in two instalments and robbed him of the balance amount of Rs.50,00,000/- with the help of accused Nos.2 to 9 and thereby committed the offences alleged.

I have heard Sri.Vishnu Bhuvanendran, learned counsel for the petitioner and Sri.Noushad K.A., learned Public Prosecutor.

Petitioner is alleged to have conspired with the first accused to rob the defacto complainant of an amount of Rs.60,00,000/- after inducing him to believe that he would be given foreign currency worth Rs.1.20 Crores. Petitioner has been in custody from 09.05.2023.

However, considering the role attributed to the petitioner and the period of detention already undergone by him and also considering the submission of the learned counsel for the petitioner that the first accused is the main culprit behind the offence, who has already been arrested, I am of the view that further detention of the petitioner is not essential.

Accordingly, I allow this application on 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 Investigating Officer as and when required.

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

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

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.