Malik Sada Jouhar vs State Of Kerala

Gopinath P., J

These are applications for regular bail.

Petitioner in these cases is common. He is the accused in Crime No.61/2021 and 40/2021 both of Cyber Crime Police Station, Thiruvananthapuram District alleging commission of offences punishable under Sections 420, 465, 468, 471 of the Indian Penal Code and Sections 43, 66, 66 (C) of the Information Technology Act, 2000.

The allegation against the petitioner is that he along with the other accused used forged ATM cards to withdraw money from the ATMs maintained by the Kerala Bank. In Bail Application No. 1958/2022 which relates to Crime No. 61/2021, the allegation is that the amount withdrawn is Rs.56,000/- (Fifty Six Thousand Rupees Only) while in Bail Application No. 1966/2022 which relates to Crime No. 40/2021, the allegation is that an amount of Rs.1,56,000/- (One Lakh Fifty Six Thousand only) was withdrawn fraudulently.

The learned counsel appearing for the petitioner submits that the petitioner is roped in later as the 4th accused in these cases. It is submitted that the crux of the allegations are against the 1st accused who has already been granted bail by the jurisdictional magistrate after the first remand period. It is submitted that accused Nos. 2 and 3 are also been granted bail. It is submitted that the petitioner has been custody for 27 days and continued detention is not necessary for the purposes of any investigation in the matter.

The learned Public Prosecutor opposes the grant of bail. It is pointed out that the 5th accused in these case is yet to be arrested. It is submitted that the serious offences are alleged against the petitioner and he is not entitled to be released on bail at present. It is submitted that the investigation is progressing and if the petitioner is released on bail there is every likelihood of similar offences being repeated in future.

I have heard the learned Public Prosecutor also.

Having regard to the facts and circumstances of the case and considering that the other accused in Crime No.61/2021 and 40/2021 have already been granted bail by the jurisdictional magistrate, I am of the view that the petitioner can also be granted bail subject to the conditions. To safeguard the interest of the Prosecution and to allay the apprehension expressed by the leaned Public Prosecutor conditions can be imposed.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two local sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The Petitioner shall report before the Investigating officer in Crime No.61/2021 and Crime No.40/2021 of Cyber Crime Police Station, Thiruvananthapuram District on every Wednesday and Saturday at 11 a.m until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.61/2021 and Crime No.40/2021 of Cyber Crime Police Station, Thiruvananthapuram District;

(iv) The petitioner shall not leave Thiruvananthapuram District without getting permission from the jurisdictional Court;

(vi) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.61/2021 and Crime No.40/2021 of Cyber Crime Police Station, Thiruvananthapuram District may file an application before the jurisdictional Court for cancellation of bail.