Prathaap N Ramachandran vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the second accused in Crime No.708/2023 of the Chengannoor Police Station registered against the accused alleging them to have committed the offences punishable under Sections 415, 417, 420, 427 r/w Section 34 of the Indian Penal Code. The petitioner was arrested on 23.12.2023.

The gist of the prosecution case is that: the accused 1 and 2 in furtherance of their common intention to cheat the de facto complainant had collected an amount of Rs.3,55,000/- from 13.7.2022 to 31.12.2022 under the pretext of arranging a job visa for the de facto complainant’s son in New Zealand. However, they did not arrange the visa and failed to return the money. Thus, the accused have committed the above offences.

Heard; Sri.J.R.Prem Navaz, 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 has been falsely implicated in the crime. The petitioner has been in judicial custody since 23.12.2023. The investigation in the crime is complete. The petitioner is willing to abide by any stringent conditions that may be imposed by this Court. Hence, the application may be allowed.

The learned Public Prosecutor submitted that there is another crime registered against the petitioner of a similar nature, wherein the trial is in progress. Nonetheless, she conceded to the fact that the investigation in the present case is complete. She further stated that if the petitioner is let off on bail, stringent conditions may be imposed.

After bestowing my anxious consideration to the materials placed on record, and after appreciating the rival submissions made across the Bar, and particularly taking note of the fact that the petitioner has been in judicial custody since 23.12.2023 and the investigation in the case is practically complete, I am of the definite view that the petitioner’s continued detention is unnecessary. Hence, the petitioner is entitled to be released on bail.

In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees One lakh 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 alternate Saturdays between 9 a.m. and 11 a.m for a period of one month or till the final report is filed, 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 not enter the jurisdictional limits of the Chengannur Police Station till the final report is filed;

(v) The petitioner shall furnish his present address, permanent address and mobile phone number to the court below and the Investigating Officer;

(vi) 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.

(vii) Applications for deletion/modification of the bail conditions shall also be filed and entertained by the court below.

(viii)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 of Delhi and another [2020 (1) KHC 663].