Rani Saji Sam vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.713/2021 of Pathanamthitta Police Station, Pathanamthitta. The offences alleged against the petitioner are under Sections 409, 420 r/w Section 34 of the Indian Penal Code, 1860 and Sections 3 r/w 21(2)(3), Section 5 r/w Section 23, Section 25(1) of the Banning of Unregulated Deposit Scheme Act, 2019.

The prosecution case is that the petitioner along with the 1st accused with intend to make unlawful gain to them and unlawful loss to the defacto complainant accepted fixed deposits in instalments offering them to pay interest at the rate of 10% and thereafter failed to refund the amount collected despite request, thereby commiting the offences alleged.

Sri.C.S.Manu,� learned� Counsel� for� the� petitioner submitted that entire case is falsely foisted against the petitioner and that he is totally innocent. It was further submitted that though petitioner was arrested on 17.03.2022, and the entire investigation is completed, still the petitioner continues to remain in detention.

Sri.K.A.Noushad, learned Public Prosecutor on the other hand opposed the the grant of bail and submitted that an amount of Rs.27Crores has been cheated by the petitioner along with the 1st accused.

Taking into consideration the filing of the report on 10.06.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case, more so, since the investigation is over and the final report, already filed. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(a) The petitioner shall be released on bail on his 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) The petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or his/ her family members;

(d) The petitioner shall not commit any similar offence while he is on bail.

(e) The 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.