Niyasali vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of Code of Criminal Procedure, 1973.

Petitioner is the 2nd accused in Crime No.494 of 2022 of Thamarassery Police Station, Kozhikode Rural, alleging offences punishable under Sections 471, 465, 468 and 420 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, the accused had forged documents, fabricated seals, and used the same as the original and obtained a loan of Rs.15,00,000/- from Kerala State Financial Enterprises (KSFE) and thereby committed the offences alleged.

Sri. Rajesh Kumar T.K., the learned counsel for the petitioner contended that the prosecution allegations are false and the petitioner is totally innocent. It was further submitted that the petitioner was arrested on 29-04-2023 and that he has been in custody since then.

Sri.C.N.Prabhakaran., the learned Public Prosecutor opposed the application and submitted that the allegations against the petitioner are serious and that he is involved in 13 other crimes as of now. Therefore if the petitioner is released on bail, there is every possibility of him influencing the witnesses.

Sri.Salil Narayanan, the learned counsel for the 2nd respondent also submitted that the petitioner had cheated the KSFE by fabricating and forging documents and thereby committing serious offences.

Even though, petitioner is alleged to have committed several crimes, all of a similar nature, taking into reckoning the period of detention already undergone from 29-04-2023, I am of the view that further detention would amount to punishment before conviction in this case. Therefore I am satisfied that this is a fit case wherein the petitioner can be released on bail.

In the result, this application is allowed 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 co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

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

(e) Petitioner shall not leave the country without the permission of the jurisdictional 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.