Mani vs State Of Kerala

Mohammed Nias C.P.J

This application is filed under Sec.439 of the Code of Criminal Procedure seeking regular bail. The petitioners are accused Nos. 2 to 4 in Crime No. 961/2023 of Alathur Police Station for having committed offences punishable under Sections 420 r/w 34 of the IPC.

The allegations against the petitioners are that accused Nos. 1 to 6, in furtherance of their common intention, dishonestly induced the defacto complainant by way of marriage and that, on 4.7.2023 & 10.7.2023, A-1 obtained an amount of Rs.50,000/- and a thali chain weighing ¾ sovereigns from the defacto complainant and A-2 obtained Rs.1,00,000/- from the defacto complainant. Hence, the accused persons are alleged to have committed the offences mentioned above.

The learned counsel appearing for the petitioners would submit that the petitioners are totally innocent and are falsely implicated with ulterior motives. At any rate, he points out that the petitioners are in custody from 24.8.2023, and continued custody of the petitioners is unnecessary.

The learned Public Prosecutor opposed the petition and points out that the petitioners are not entitled to get bail.

After having considered the submissions of the learned counsel for the petitioners and the learned Public Prosecutor and considering the nature of the offences committed by the petitioners and the fact that the petitioners are in custody from 24.8.2023 and also, since there is no apprehension raised by the prosecution that if released on bail, the petitioners are likely to abscond, I hold that bail can be granted to the petitioners. Accordingly, this application is allowed, and the petitioners are granted bail, subject to the following conditions:-

The petitioners shall be released on bail on executing separate bonds for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

The petitioners shall report before the Investigating Officer as and when required to do so.

The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

The petitioners shall not be involved in any other crime while on bail.

If any of the conditions are violated, the jurisdictional court concerned shall be empowered to take steps for cancellation of bail, as per law.