Mathew P.C vs State Of Kerala

Dr Kauser Edappagath, J

This is an application filed u/s 438 of Code of Criminal Procedure seeking pre-arrest bail.

The petitioner is the 1st accused in Crime No.70/2023 of Alakode Police Station, Kannur District. The offences alleged are punishable under Sections 420 & 34 of the IPC.

The prosecution case in short is that the petitioner along with the remaining accused induced the defacto complainant to part with sum of Rs.6,50,000/- during the period from August, 2022 to 16th November, 2022 on a promise that the 5th accused who is the daughter-in-law of the petitioner would provide a job visa at Israel and thereafter cheated her without giving visa or returning the amount and thereby committed the offence.

Heard both sides and perused the case diary.

The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and if the petitioner is released on bail at this stage, it would affect the course of investigation.

The petitioner is aged 71 years. The daughter-in-law of the petitioner is working at Israel. According to the prosecution case, the petitioner and the remaining accused promised the defacto complainant that the 5th accused would provide a job visa to her at Israel. Admittedly, Rs.6,50,000/-was paid to the accused Nos. 2 to 4. The petitioner did not receive any amount. Considering the allegations levelled against the petitioner, the custodial interrogation of the petitioner does not appear to be necessary. For all these reasons, the petitioner is entitled to pre-arrest bail on conditions.

In the result, the application is allowed on the following conditions:-

(i) The petitioner shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The petitioner shall fully co-operate with the investigation, including subjecting himself to the deemed police custody for the purpose of discovery, if any, as and when demanded.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioner shall also appear before the investigating officer as and when required by him.

(iv) The petitioner shall not commit any offence of like nature while on bail.

(v) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The petitioner shall not leave State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion, modification of bail conditions or for cancellation of bail on the ground of violation of the bail conditions shall be filed at the jurisdictional court.