Muhammed Ali Thaseen 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 3rd accused in Crime No.1182/2017 of Kadavanthra Police Station, Ernakulam, alleging offences punishable under Sections 406 and 420 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, during the period from 04.02.2017 to 15.03.2017, the accused had induced the defacto complainant to pay an amount of Rs.5,65,419/- offering a job at Singapore Air Lines and thereafter failed to provide employment and misappropriated the said amount and cheated the defacto complainant and thereby committed the offences alleged.

Sri.Sunny Mathew, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that petitioner is made a scapegoat in the transaction and that he was only an employee under accused 1 and 2 and had no knowledge or intention to cheat the defacto complainant. It was further submitted that the petitioner was arrested on 26.12.2022 and has been in custody since then.

Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious and that petitioner has a direct involvement in the offence. It was further submitted that petitioner is involved in other crimes wherein similar modus operandi was adopted to cheat the complainants therein. It was also submitted that the first accused has not yet been arrested.

I have considered the rival contentions. The amount of Rs.5,65,419/- was paid to the account of the petitioner. Even though the allegations are serious in nature, considering the period of detention already undergone and the surrounding circumstances, I am of the view that continued detention is not essential.

Accordingly, I allow this application 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.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) 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.