Rajesh.K.R vs State Of Kerala

Dr. Kauser Edappagath, J

All these three connected bail applications are filed u/s 439 of Code of Criminal Procedure seeking regular bail.

The petitioner is the accused in Crime No. 881 of 2022, Crime No. 882 of 2022 and Crime No. 883 of 2022 of Guruvayoor Police Station. The offences alleged in all the three crimes are punishable under Sections 406, 420 and 34 of Indian Penal Code.

The prosecution case in short all these cases is that, the petitioner conducted an online Trading Company by name 'My Club Traders' and induced the defacto complainant to deposit money by giving a false promise that she will get huge profit and thereafter cheated her by not repaying the principal amount or giving the share of profit as agreed and thereby committed the offences.

Heard both sides and perused the case diary.

The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and if the petitioner is released on bail at this stage, it would affect the course of investigation.

The petitioner is involved in altogether 16 similar crimes. He was arrested in the principal crime on 22.09.2022. It is submitted that, he is released on bail in that case. The formal arrest of the petitioner in the above three crimes was recorded on 02.01.2023. In view of the nature of the crime and the stage of investigation, I do not find any reason to hold that the continued detention of the petitioner is required for any purpose. The investigation seems to have reached a fair stage. For all these reasons, the petitioner is entitled to be released on bail on conditions.

In the result, the applications are allowed on the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court in each case.

(ii) The petitioner shall fully co-operate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioner shall also appear before the investigating officer as and when required by him.

(iv) The petitioner shall not commit any offence of like nature while on bail.

(v) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The petitioner shall not leave the State of Kerala without the permission of the trial Court.