Nawab Wajid 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 sole accused in Crime No.1183/2022 of Central Police Station, Ernakulam. The offences alleged against the petitioner are under Sections 420, 419 and 406 of the Indian Penal Code. 1860.

According to the prosecution, the accused had after impersonating as the Political Secretary of the Central Food Supplies Minister, cheated the defacto complainant of Rs.30 lakhs, after offering to provide employment to her daughter in the Central Food and Safety Department, and thereafter failed to provide the employment or return the money and thereby committed the offences.

Sri.P.R.Jayasankar, learned Counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had never occurred. It was also submitted that in any event, petitioner, was arrested on 29.09.2022, and has been in custody since then, the continued detention of the petitioner is not essential and that petitioner is willing to abide by any conditions that may be imposed.

Smt.M.K.Pushpalatha, learned Public Prosecutor on the other hand opposed the grant of bail and contended that, petitioner is involved in several crimes including Crime No.93/2019 of Guruvayoor Police Station, apart from Crime No.1061/2022 of Ernakulam Central Police Station and Crime No.1245/2022 of Perumbavoor Police Station. Learned Public Prosecutor further submitted that after obtaining bail in Crime No.93/2019 of Guruvayoor, petitioner has again indulged in three other crimes, that too of similar nature.

I have considered the rival contentions and have also perused the documents produced.

Even though petitioner had violated the conditions imposed in Crime No.93/2019, it is for the prosecution to move appropriate application, for appropriate reliefs, if so advised. But fact remains that till date no such application has been filed.

Having regard to the detention already undergone, I am of the view that, the continued detention is not essential and the petitioner can be released on bail on strict conditions:

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

(a) Petitioner shall be released on bail on him executing 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.

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

(f) Petitioner shall not leave India without the permission of the Court having jurisdiction.

(g) Petitioner shall surrender his passport before the Investigating Officer and shall not travel abroad without obtaining permission from the court.

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.