Rajesh vs State Of Kerala

Mohammed Nias C.P., J.

This application is filed under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail.

The petitioner is the accused in Crime No.618/2022 of Chottanikkara Police Station, Ernakulam District, for having allegedly committed offences punishable under Sections 406, 420 r/w Section 34 of the Indian Penal Code.

The prosecution case is that the petitioner conducted a travel agency business in the name of Snehatheeram Empower Employment and collected money from the defacto complainant, assuring him employment in European countries. Even though he went to Dubai, he has not obtained the job as offered by the petitioner and thereby committed the offence.

The learned counsel for the petitioner submits that as per Annexure A1 agreement executed between the petitioner and the defacto complainant, the petitioner had agreed to provide a job in Dubai, and the same has been done. The allegation of the defacto complainant is that some other job was offered to him is plainly wrong in view of Annexure A1 agreement.

The learned Public Prosecutor opposed the bail application submitting that similar crimes have been committed against other persons as well.

Learned Counsel for the petitioner brings to my notice the order dated 14/07/2023 granting anticipatory bail in B.A.No.3239/2023 in which a similar crime was registered against the petitioner at Cheruthuruthi Police Station, Thrissur.

Considering the facts and circumstances of the case, particularly Annexure A1 and also the order in B.A.No.3239/2023, I am inclined to grant pre-arrest bail to the petitioner.

The above bail application is allowed with the following directions. The petitioner shall surrender before the investigating officer on 18.09.2023 between 9 a.m. and 5 p.m. and make himself available for interrogation on that day or on any other day/days as directed by the investigating officer. The petitioner shall co-operate with the investigation. In the event of arrest of the petitioner in Crime No. 618/2022 of Chottanikkara Police Station, Ernakulam, he shall be produced before the jurisdictional Magistrate on the same day and be released on bail on the following conditions:

(I) The petitioner shall execute a bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The petitioner shall appear before the investigating officer in Crime No. 618/2022 of Chottanikkara Police Station, Ernakulam, as and when required, and he shall co-operate with the investigation;

(iii) The petitioner shall not tamper with any evidence;

(iv) The petitioner shall not directly or indirectly make any inducement, threat, or promise to any witness acquainted with them from disclosing such facts to the court or to any police officer;

(v) The petitioner shall not be involved in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating Officer in Crime No. 618/2022 of Chottanikkara Police Station, Ernakulam, may file an application before the jurisdictional court for cancellation of bail of the petitioner. It is also made clear that it is within the power of the Police to investigate the matter and if necessary to effect recoveries on the information if any given by the petitioner even when the petitioner is on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020 91) KHC 663).

This Bail Application is allowed as above.