Ratheesh vs State Of Kerala

Viju Abraham, J

These are applications for regular bail.

Petitioner is the 1st  accused in Crime Nos.569 of 2022 and 574 of 2022 of Varandarappilly Police Station, Thrissur registered alleging commission of offence punishable under Section 420 of the Indian Penal Code.

The prosecution case in Crime No.569 of 2022, in brief, is that the accused with the fraudulent intention, cheated the partnership firm named 'Anugraha Finance', of which the defacto complainant is the Managing Partner, by pledging gold ornaments weighing 163.500 grams in total in the said partnership firm during the period from 25.8.2022 to 07.10.2022 and obtained money to the tune of Rs.6,12,000/- and thereby caused wrongful loss to the said firm. The prosecution case in Crime No.574 of 2022, in brief, is that the accused with the fraudulent intention, cheated Inchakundu Service Co-operative Bank, Mupliyam Branch, of which the defacto complainant is the Branch Manager, by pledging imitation gold ornaments weighing 57 grams in total in the said bank and fraudulently obtained money to the tune of Rs.2,00,000/- and thereby caused wrongful loss to the said bank. Petitioner was arrested on 09.10.2022 in Crime No.569 of 2022 and his arrest was recoded on 19.10.2022 in Crime No.574 of 2022.

Petitioner submits that he has been falsely implicated in the abovesaid crimes and that he has absolutely no role in the alleged commission of the offences.

Learned Public Prosecutor seriously opposed the application for bail mainly contending that spurious gold was given as security and thereby petitioner has obtained huge amounts from the financial institution. Learned Public Prosecutor further submitted that the petitioner is involved in yet another case registered by Vellikkunnam Police as Crime No.657 of 2022.

Considering the facts and circumstances of the case and taking into consideration the detention of the petitioner from 09.10.2022 onwards, I am inclined to grant bail to the petitioner, but taking note of the serious antecedents of the petitioner the same shall only be on stringent conditions.

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

(ii) He shall appear before the investigating officer in Crime Nos.569 of 2022 and 574 of 2022 of Varandarappilly Police Station, Thrissur on all Saturdays at 11.00 a.m. for a period of six months.

(iii) He shall not leave the State of Kerala without getting prior permission from the jurisdictional court..

(iv) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(v) He shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime Nos.569 of 2022 and 574 of 2022 of Varandarappilly Police Station, Thrissur may file an application before the jurisdictional court, for cancellation of bail.