Jigeesh vs State Of Kerala

Applications for regular bail under Section 439 of Cr.P.C. The aforesaid applications pertains to four crimes in which the applicant is an accused. B.A.No.2368/2021 is with respect to Crime No.14/2021 of Pudukkad Police Station, Thrissur, B.A No.2369/2021 pertains to Crime No.35/2021 of Ramankary Police Station, Alappuzah, B.A No.2370/2021 pertains to Crime No.746/2020 of Valapatanam Police Station, Kannur and B. A No.2371/2021 pertains to Crime No.48/2021 of Kannur Town Police Station. He was first arrested in Crime No.14/2021 of Pudukkad Police Station on 15.01.2021. In the remaining three crimes his formal arrest was recorded respectively on 27.01.2021, 23.01.2021 and 04.02.2021. The applicant alleged to have committed offences punishable under Section 420 r/w Section 34 of IPC in all the aforesaid crimes except in crime No.48/2021 of Kannur Town Police station, where apart from Section 420 the accused having committed an offence punishable under Section 506(i) of IPC.

The prosecution case, in brief, is that the applicant allegedly posed himself as a person holding important positions like Judge of the Supreme Court, having influence in Kendriya vidhyalaya, Railway officials etc. and dishonestly induced the de facto complainants to deliver huge sums of money to him. It is stated that apart from these four crimes, he also involved in other crimes where he cheated in the similar passion.

The applicant is undergoing imprisonment from 15.01.2021 in Crime No.14/2021 of Puthukkad Police Station. Since 60 days have elapsed and the final report is yet to be filed and hence he is entitled to statutory bail under Section 167(2) of Cr.P.C. in that case. In rest of the cases the formal arrest was recorded much later. Going by the allegations made against the applicant, he is definitely not entitled to regular bail as prayed for considering the gravity of the offence. But in Crime No.14/2021 he is entitled to statutory bail, since the final report is not yet filed. Hence, B.A. No.2368/2021 is allowed and the applicant is directed to be released on statutory bail on execution of bond for Rs.5,00,000/-(Rupees five lakhs only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) He shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of three months, with effect from the date he is released from judicial custody.

(ii) He shall not get involved in similar cases during the currency of the bail.

(iii)He shall not tamper with evidence, intimidate or influence the witnesses .

In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court. The rest of the bail applications are only to be dismissed and in case the final report is not filed, the applicant is at liberty to approach the jurisdictional court for statutory bail in those cases.