Nidhin vs State Of Kerala

This is an application for regular bail under Section 439 of the Cr.P.C.

The applicant is the 1st accused in Crime No.1439/2019 of Aluva East Police Station for having allegedly committed an offence punishable under Section 420 read with Section 34 of the I.P.C.

The prosecution case, in brief, is that the applicant in furtherance of common intention with the rest of the accused dishonestly induced the de facto complainant to deliver his Innova Car bearing Reg.No.KL-10-AK-4343 on lease for a period of ten days for their use by paying maintenance security of Rs.6,000/- and a further amount of Rs.29,000/- on 29.06.2019 and thereafter the vehicle was taken by accused 2 to 4 and it is understood that the vehicle has been pledged with another person at Coimbatore. Though demanded by the de facto complainant, the vehicle was never returned and he was thus cheated.

The applicant states that the allegations are not true and that he was arrested on 04.03.2021 and has been subjected to interrogation and is cooperating with the investigation, and therefore, seeks regular bail.

Heard the learned Counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor points out that the applicant is involved in four other crimes of similar nature and in case he is released on bail there is every possibility of getting involved in offences of similar nature. It is also submitted that the vehicle has not been recovered and it is understood that it has been transferred to somebody for the purpose of dismantling, and therefore, the application for bail is very vehemently opposed.

Considering the submissions made on both sides, I find that the applicant has been in custody since 04.03.2021 and subjected to interrogation and there is nothing more to be recovered and the vehicle was allegedly transferred to someone else, and therefore, further detention of the applicant is found to be not necessary. The learned Counsel appearing for the applicant submits that in all the remaining cases against him, he was released on bail and there is no possibility of his fleeing from justice. He approached this Court seeking anticipatory bail as per the directions of this Court, he was surrendered before the investigating officer and remanded to judicial custody. Under the circumstances, I find that the applicant is entitled to be released on bail on stringent conditions.

As a result, the bail application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court, on the following other conditions:

i) He shall appear before the investigating officer on all Saturdays between 9.00 AM and 12.00 noon for a period of two months or till the final report is filed, whichever is earlier;

ii) He shall surrender his passport before the jurisdictional court and shall not go abroad without prior permission of the jurisdictional court and the passport can be released if the jurisdictional court found necessary on conditions;

iii) He shall not attempt to influence or intimidate the witnesses; and

iv) He shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.