Muhammed Junaid M P vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure by the fifth accused in Crime No.517/2023 of the Dharmadam Police Station, Kannur, registered against the accused (six in number), for allegedly committing the offences punishable under Sections 406 and 420 read with Sec.34 of the Indian Penal Code. The petitioner was arrested on 6.1.2024.

The gist of the prosecution case is that: on 24.6.2021, the accused obtained 35 sovereigns of gold ornaments from the defacto complainant with an intention to make an unlawful gain by committing cheating. The accused had promised the defacto complainant that they would invest the money in a company and make substantial profits and give the defacto complainant a share from the profits. Thus, the accused have committed the above offences.

Heard Sri.K.Dilip, the learned counsel appearing for the petitioner and Smt. Seetha S., the learned Public Prosecutor appearing for the respondent.

The learned counsel appearing for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime. There is no overt act alleged against the petitioner. The petitioner has been in judicial custody since 6.1.2024, which is more than 30 days. The investigation in this case is practically complete and recovery has been effected. Hence, the petitioner may be released on bail.

The learned Public Prosecutor seriously opposed the application. She contended that the accused have in furtherance of their common intention cheated and defrauded the defacto complainant and several other depositors. The investigation in the case is in progress. Nonetheless, she conceded to the fact that the petitioner has been in judicial custody for the last more than a month and recovery has been effected.

After bestowing my anxious consideration to the materials placed on record, rival submissions made across the Bar, and particularly taking note of the fact that the petitioner has been in judicial custody since 6.1.2024, that the investigation in the case is practically complete and recovery has been effected, I am of the view that the petitioner’s continued detention is unnecessary. Hence, I am inclined to allow the bail application.

In the result, the application is allowed, by directing the petitioner to 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, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of one month or till the final report is laid, whichever is earlier. He shall also appear before the Investigating Officer as and when required;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioner shall not commit any offence while he is on bail;

(iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(vi) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below.

(vii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].