Jerin Lali vs State Of Kerala

Mohammed Nias C.P., J

Apprehending arrest in Crime No.1405/2023 of Malayankeezh Police Station, Thiruvananthapuram District, registered for offences punishable under Sections 406 and 420 r/w section 34 of the IPC the accused has filed this application under Section 438 of the Code of Criminal Procedure.

The prosecution allegation is that the accused made a false representation that he is running a manpower consultancy in London and by promising a visa and job to the son and daughter-in-law of the defacto complainant in a supermarket in London, obtained from her Rs.16,00,000/-during various periods starting from 3.1.2023 to 15.2.2023. Thereafter, the accused cheated her by not procuring a visa and job and he also failed to return the money. It is alleged that, when the defacto complainant demanded the money back, the accused issued a cheque which got bounced.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

Learned counsel for the petitioner submitted that the petitioner is innocent of the allegations levelled against him. He also submits that a cheque for Rs.50,000/- which was given to one Arjun, who had forged and misused the same and the present complaint was instituted.

The defacto complainant opposing the bail application also submitted that he had paid Rs.16,00,000/- as the petitioner promised a work visa to the son and daughter-in-law in London. The visa was not given as promised nor was the amount repaid.

Learned counsel Public Prosecutor opposes the bail application and submits that the offences committed by the petitioner are very grave, the petitioner is involved in many other crimes of similar nature and also contends that custodial interrogation of the petitioner is required for a fruitful investigation and if anticipatory bail is granted to him at this stage, it will hamper the investigation.

Having considered the rival submissions, and taking note of the fact that the evidence, in this case, is mostly in documentary form and that essentially the claim appears to be a monetary transaction, that proceeding under the Negotiable Instruments Act is pending between the parties with respect to the cheque given by the petitioner towards the liability, I am inclined to grant anticipatory bail ensuring the co-operation of the petitioner. Accordingly, the anticipatory bail application is allowed subject to the following conditions.

(i) The petitioner is directed to surrender before the Investigating Officer within a week from today, and on such surrender, the Investigating Officer can interrogate the petitioner. In the event of his arrest, the Investigating officer shall produce the petitioner before the jurisdictional court on the date of surrender itself.

(ii) On such production, the jurisdictional court shall release the petitioners on bail, on executing separate bonds for Rs.25,000/- (Rupees twenty-five thousand only) by the petitioner and by two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(iii) The petitioner shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for recovery, if any, as and when demanded.

(iv) The petitioner shall not intimidate the witnesses or interfere with the Investigation in any manner.

(v) The petitioner shall not be involved in any offence while on bail.

(vi) The petitioner shall not leave India without the prior permission of the jurisdictional Court.

It is made clear that it is within the power of police to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioners, even when the petitioners are on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State ( NCT of Delhi) and another [2021 (1) KHC 663].