Jibi vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 4th accused in Crime No.483 of 2022 of Vadakkekara Police Station, Pathanamthitta registered alleging commission of offences punishable under Sections 406 and 420 r/w Section 34 of the IPC.

The prosecution allegation is that, accused Nos.1 to 4 made to believe that the defacto complainant that the 1st accused is the Global Director of the Multi-National Online Company namely 'My club Traders' and accused Nos.2 & 3 are the Promoter and Finance Manager thereof, and they have in furtherance of their common intention to defraud the defacto complainant, collected an amount of Rs.12,50,000/- from the defacto complainant and Rs.15,00,000/- from the brother of the defacto complainant, totaling a sum of Rs.27,50,000/- during the period from June 2020 to June 2022 promising that 1% of the deposit amount will be returned on every working day as profit but not returned the profit and deposited amount.

Petitioner submits that he has been falsely implicated in the above said crime. The petitioner as well as the defacto complainant made deposits in multi level money marketing scheme conducted by name 'My club Traders'. Petitioner submits that he has absolutely no connection with illegal acts of accused Nos.1 to 3. The learned counsel for the petitioner submits that whatever amount he has received from the defacto complainant has been transferred to accused Nos.1 to 3.

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

Considering the fact that the petitioner is in custody from 20.10.2022 onwards, and he has no other criminal antecedents, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) 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 No.483 of 2022 of Vadakkekara Police Station on every Saturday at 11.00 am, till final report is filed;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No. 483 of 2022 of Vadakkekara Police Station;

(iv) The petitioner shall not leave the State of Kerala without the permission of 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 No. 483 of 2022 of Vadakkekara Police Station may file an application before the jurisdictional court, for cancellation of bail.