Jigheesh vs State Of Kerala

Application for regular bail under Section 439 of Cr.P.C. The applicant is the first accused in Crime No.121/2021 of Koraty Police Station for having allegedly committed offences punishable under Sections 406 and 420 of IPC.

The prosecution case, in brief, is that the applicant dishonestly induced the de facto complainant to deliver a sum of Rs.2 lakhs under the guise that he was a Supreme Court Judge and could arrange a job for the son of the de facto complainant as FCI Supervisor. Accordingly, the de facto complainant delivered a sum of Rs.2 lakhs to the de facto complainant on 19.07.2020, but the job was never arranged nor the money was returned. In consequence of which, a complaint was filed and a crime was registered. He was arrested on 23.02.2021 and has been in custody since then.

The applicant states that all the remaining cases registered against him granted statutory bail. The arrest in this case was recorded only on 23.02.2021. He is willing to cooperate with the investigation and abide by any conditions that may be imposed. Therefore, seeks bail.

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

The learned Public Prosecutor points out that the applicant has ten other cases registered against him for similar offences of cheating. In view of the fact that the applicant has already undergone the statutory period of detention in all the remaining crimes, no purpose will be served by detaining him in this crime. He is willing to cooperate with the investigation. Hence, the Bail Application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.1,00,000/-(Rupees one lakh only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) He shall surrender his passport before the jurisdictional court. In case he does not have a passport, file an affidavit to that effect. He shall not go abroad or get the passport released until permitted by the jurisdictional court.

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

(iii) He shall appear before the investigating officer as and when called for.

(iv) 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.