Justin James vs State Of Kerala

Ashok Menon, J.

This is an application for regular bail under Section 439 of the Cr.P.C.

The applicant is the sole accused in Crime No.40/2021 of Kattoor Police Station for having allegedly committed the offences punishable under

Sections 406 and 420 of the I.P.C.

The prosecution case, in brief, is that the applicant had dishonestly induced the de facto complainant to deliver a total sum of Rs.46,000/- on

28.07.2020 and 05.08.2020 promising that a job would be provided to him in Singapore; but he was not provided with any job as undertaken and the

amount also was not returned and thus the applicant cheated the de facto complainant.

The applicant states that he is innocent and the allegations are not true and that he has been falsely implicated in this crime.

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

The learned Public Prosecutor submits that the applicant is involved in a similar Crime No.84/2021 of Mulavukad Police Station, where also he had

cheated the de facto complainant therein in a similar circumstance. Therefore, it is submitted that in case he is released on bail, there is every

possibility that he may get involved in offences of similar nature and cheat other persons also.

After having heard the submissions on both sides, I find that the applicant was arrested in connection with a crime in Mulavukad Police Station on

28.04.2021 and his formal arrest in this crime was recorded on 12.05.2021.

Interrogation is over and further detention of the applicant will not be serving any purpose. The dictum of the Hon’ble Supreme Court in IN RE :

CONTAGION OF COVID 19 VIRUS IN PRISONS, 2021 SCC Online SC 376 as also the decision in Arnesh Kumar v . State of Bihar, (2014) 8

SCC 273 are applicable in this case. In the present case, the applicant has committed the offences, which attract a punishment of only up to seven

years of imprisonment.

Therefore, further detention of the applicant may not be necessary, particularly during these pandemic times.

As a result, the bail application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty

thousand only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court, on the following other conditions:

1.He shall appear before the investigating officer on all Mondays between 9.00 AM and 12.00 noon for a period of two months or till the final report is filed, whichever

is earlier;

He shall not attempt to influence or intimidate the witnesses; and

He shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.