Mahmood L vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the sole accused in Crime No.7/2022 of Kadmat Police Station, Lakshadweep. The offences alleged against the petitioner are under Sections 384, 420 and 506 of the Indian Penal Code, 1860.

According to the prosecution, the accused cheated the defacto complainant and her husband of Rs.7,12,000/-, after making them to believe that a case under the POCSO Act has been registered against the defacto complainant’s husband and to avoid the said proceedings against him, demanded the amounts and thereby committed the offences alleged.

Sri.Aashique Akthar Hajjigothi, learned Counsel for the petitioner submitted that the entire allegations are false and that the incident as alleged had not occurred. It was further submitted that petitioner was arrested on 07.12.2022 and has been in custody since then.

Sri.V.Sajith Kumar, learned Standing Counsel for the Lakshadweep Administration on the other hand opposed the grant of bail and submitted that petitioner is involved in several crimes and that there are criminal antecedents also as evident from Crime No.6/2020 before the Kadamat Police Station, as well as complaints from various other persons pending investigation. It was further submitted that if the petitioner is released on bail there is every chance of him influencing the witnesses.

I have considered the rival contentions.

Even though the allegations against the petitioner are serious, having regard to the period of detention already undergone, I am of the view that petitioner can be released on bail on conditions.

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 or her family members.

(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.