M.K Biju vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 5th accused in Crime No.49 of 2022 of Crime Branch, Thrissur registered alleging commission of offences punishable under Sections 406,420,409,465,468 and 471 r/w 34 of IPC.

The allegation is that with a fraudulent intention to cheat the defacto complainant, Karuvannur Service Co-operative Bank and its customers, on 08.04.2017, A1 to A3 entered into an agreement for sale with the defacto complainant in respect of his 1 Acre 98 Cent land for an amount of Rs.2,03,94,000/- out of which A1 to A3 had paid an amount to the tune of 23,68,000/- to the defacto complainant, and promised to provide purchase loan from Karuvannur Service Cooperative Bank for the balance amount owed to him and also issued 6 cheques in his favour. A1 to A3 then obtained the signature of the defacto complainant in various papers and A2 pledged his title deed and availed a loan of 2 Crores without his consent or knowledge. During the investigation, it is also revealed that A4 and A5 who were the Secretary and Accountant respectively, of the said bank colluded together by granting the MDS linked loan to A2 in violation of bye-laws of the bank and the Kerala State Co operative Act & Rules, thereby caused wrongful loss to the defacto complainant and cheated him, the Bank and it's customers. Thus, the accused are alleged to have committed the above-mentioned offences.

Petitioner submits that he is accused in 20 cases and formal arrest of the petitioner in this case was recorded on 13.6.2022. Petitioner also submitted that even though 20 cases are registered against him, in 17 cases he has been released on statutory bail under Section 167(2) of Cr.P.C and in Crime No.29 of 2022 of Crime Branch, Thrissur he has been released on bail by this Court as per order in B.A.No.4791 of 2022 and in Crime No.30 of 2022 of Crime Branch, Thrissur as per B.A.No.5085 of 2022.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

Taking note of the facts and circumstances of the case including the period of detention and the release of the petitioner on statutory bail in 17 other cases and also the fact that he is released on bail in Crime No.29 of 2022 of Crime Branch, Thrissur by this Court as per order in B.A.No.4791 of 2022, I am inclined to grant bail to the petitioner, but on conditions. In the result, the 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 bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.49 of 2022 of Crime Branch, Thrissur as and when required;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in the above said crime;

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

(v) The petitioner shall not enter into the jurisdictional limits of Irinjalakuda Police Station;

(vi) The petitioner shall not leave India without the permission of the court having jurisdiction and shall surrender his passport before the investigating officer.

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 49 of 2022 of Crime Branch, Thrissur may file an application before the jurisdictional court, for cancellation of bail.