Illiyas.R.K vs State Of Kerala

Viju Abraham, J

These are applications for regular bail.

The petitioner in these applications is accused No.3 in Crime Nos. 574/22, & 575/2022 and accused No.2 in Crime No.581/2022 of Kuthuparamba Police Station, Kannur District, alleging commission of offences punishable under Section 420 r/w Section 34 of Indian Penal Code.

The prosecution allegation is that, the petitioner along with other accused, under the pretext of raising fund in the name of one Qupic Pvt. Ltd., handed over spurious gold ornaments for pledging before various financial institutions and obtained altogether more than Rs.11 Lakhs, and thereby committed the aforesaid offence.

The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime essentially for the reason that the alleged loan was availed for the purpose of the company by name 'Qupic Pvt. Ltd'. It is further submitted that even before the alleged commission of offences involved in the above three bail applications, he has resigned from the directorship of the company as is evident from Annexures 2 and 3. Since he has no connection with the said company, there is no occasion for him to get involved in the alleged crimes. It is further submitted that the petitioner is in custody from 23.09.2022 onwards.

The learned Public Prosecutor seriously opposed the bail application mainly contending that it is the petitioner who has given the spurious gold to the other accused for availing loan from the financial institutions and they have obtained a total amount of more than Rs. 11 Lakhs. It is further submitted that petitioner is involved in other criminal cases of similar nature.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 23.09.2022 onwards, I am inclined to grant bail to the petitioner, but taking note of the criminal antecedents of the petitioner, the same shall be on stringent conditions. In the result, these bail applications are allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each, in all these cases, with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime Nos. 574/22, 575/2022 & 581/2022 of Kuthuparamba Police Station, Kannur District on every Saturday at 11 am, until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime Nos. 574/22, 575/2022 & 581/2022 of Kuthuparamba Police Station, Kannur District;

(iv) The petitioner shall not leave the State without obtaining prior permission from the jurisdictional Court;

(v) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime Nos. 574/22, 575/2022 & 581/2022 of Kuthuparamba Police Station, Kannur District may file an application before the jurisdictional court, for cancellation of bail.