Johnson vs Station House Officer

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 first accused in Crime No.1427 of 2022 of Perumbavoor Police Station, Ernakulam, alleging offences under Section 381 of the Indian Penal Code, 1860.

According to the prosecution, the accused who was the Purchase Manager of 'Nakshatra Gold and Diamonds' at Perumbavoor had misappropriated an amount of Rs.1.27 crores in the form of 335 sovereigns of gold and thus committed the offence alleged against him.

Sri.O.D.Sivadas, the learned counsel for the petitioner contended that the prosecution allegations are false and the incident as alleged had not occurred. It was also alleged that petitioner has been falsely arrayed as an accused for some omission on the part of the management of the business establishment. It was also submitted that petitioner has been in custody from 17.04.2023 and therefore, he ought to be released on bail.

Smt.T.V.Neema, the learned Public Prosecutor opposed the application and submitted that the allegations are serious and that till date, despite earnest efforts, due to the non-co-operation of the accused, investigation has not been able to recover the gold allegedly stolen by the petitioner. It is further submitted that if the petitioner is released on bail, it would prejudice the investigation, as more time is required to interrogate the petitioner.

I have considered the rival contentions.

Petitioner has been in custody from 17.04.2023. By order of this Court dated 06.06.2023, petitioner was subjected to further interrogation till today. Despite the aforesaid efforts of the investigation, petitioner has not revealed the alleged place where the stolen gold has been hidden. Merely because the petitioner is alleged to have not co-operated with the investigation, the same is not a reason to continue the detention, especially in the light of the fact that he has been in custody from 17.04.2023.

Therefore, taking into reckoning the period of detention already undergone, I am of the view that petitioner ought to be released on bail, however subject to conditions.

Accordingly, I allow this application 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 and subject himself to further interrogation as and when required by the Investigating Officer.

(c) Petitioner shall surrender his passport, if he possess one and if not, he shall file an affidavit to that effect before the jurisdictional court.

(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence .

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) 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.