Jiby vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the 1st accused in Crime No.396 of 2022 of Vellathooval Police Station, Idukki registered for the offences punishable under Sections 120B, 406 and 420 r/w 34 of the Indian Penal Code, 1860.

The prosecution case is that, the petitioner introduced one Mr.Noushad to a jewellary owned by the defacto complainant and after pledging certain fake gold ornaments obtained huge sum of money and thereby committed the offences along with the 2nd accused.

Adv.S.Jiji, the learned counsel for the petitioner, submitted that the prosecution allegations are false and that the incident as alleged had never occurred. It was further submitted that the petitioner was arrested on 19. 08.2022 and therefore continued detention is not essential.

Sri.Noushad K.A., the learned Public Prosecutor, opposed the grant of bail and submitted that the petitioner has indulged in similar offences and if he is released on bail, it would cause prejudice to the investigation and may even result in commission of similar offences. It was further submitted that seven other criminal cases are pending against the petitioner and therefore petitioner ought not to be released on bail.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 19.08.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed 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 or contact the defacto complainant.

(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.