Nandu Tony vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail under section 439 of the Code of Criminal Procedure 1973.

Petitioner is the accused in Crime No.114 of 2023 of Town East Police Station, Thrissur, alleging offences under Sections 406 and 420 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, on 06.11.2020, the accused had pledged 54.45 grams of spurious gold ornaments before the Kerala State Financial Enterprises (KSFE) at Veliyannur branch, Thrissur and obtained an amount of Rs.2,00,000/- thereby committed the offences alleged.

I have heard Sri.T.B.Shajimon, the learned counsel for the petitioner and Smt.Sreeja V., the learned Public Prosecutor.

The petitioner was arrested on 20.04.2023. Though the offences alleged against the petitioner are serious in nature, considering the period of detention already undergone, I am of the view that further detention would amount to punishment before conviction.

Accordingly, I allow this bail 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.

(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.