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 second accused in Crime No.749 of 2021 of Pathanamthitta Police Station alleging offences punishable under sections 409 and 420 r/w section 34 of the Indian Penal Code, 1860 and section 3 r/w section 21(2)(3), section 5 r/w section 23 and section 25(1) of the Banning of Unregulated Deposit Schemes Act, 2019.

Sri.C.S.Manu, learned counsel for the petitioner submitted that the petitioner is totally innocent and is a housewife, who is being unnecessarily dragged into the crime. It was also pointed out that petitioner was arrested on 25.04.2022 and the investigation has been completed and final report already filed.

The learned Public Prosecutor opposed the grant of bail and pointed out that there is every chance that the petitioner may influence the witnesses.

Having regard to the fact that petitioner has been in custody for long, I am of the view that continued detention of the petitioner would not serve any purpose. In view of the above, the petitioner is entitled to be released on bail on 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 similar 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.