Sachin Paul Sunny vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in crime No.1565/2023 of the Infopark Police Station, Ernakulam, registered against him for allegedly committing the offences punishable under Secs.408 & 420 of the Indian Penal Code. The petitioner was arrested and remanded to judicial custody on 18.01.2024.

The gist of the prosecution case is that: the accused was working as an Accounts Manager in a company named Ellow Talent Market Pvt Ltd., owned by the defacto complainant. The accused, with an intention to defraud and deceive the defacto complainant, misappropriated the money that was payable to the contractors for the period from 05.11.2022 to 16.01.2023 by transferring the amount of Rs.10,39,500/- to five fictitious accounts. Thus, the accused has committed the above offences.

Heard; Sri. Basil Chandy Vavachan, the learned counsel appearing for the petitioner and Smt. Seetha S., the learned Senior Public Prosecutor appearing for the respondent.

The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime. Pursuant to Annexure 7 order passed by this Court in B.A.No.11156/2023, the petitioner surrendered before the Investigating Officer. The petitioner was arrested and remanded to judicial custody on 18.01.2024. The investigation in the case is practically complete. Recovery has been effected. The petitioner is the sole breadwinner of his family. The petitioner's continued detention is unnecessary. Hence, the petitioner may be enlarged on bail.

The learned Public Prosecutor opposed the application. She contended that the petitioner was arrested only on 18.01.2024. The investigation in the case is in progress. Nonetheless, she conceded to the fact that the recovery has been effected.

After bestowing my anxious consideration to the materials placed on record, particularly taking note of the fact that the petitioner had surrendered pursuant to Annexure 7 order, that he is in judicial custody since 18.01.2024, that recovery has been effected and the investigation in the case is at the fag end, I am of the definite view that the petitioner's continued detention is not necessary, especially since he does not have any other criminal antecedents. Hence, I am inclined to enlarge the petitioner on bail, but subject to stringent conditions.

In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:

(i) The   petitioner   shall   appear   before   the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of one month or till the final report is laid, whichever is earlier. He shall also appear before the Investigating Officer as and when required;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioner shall not commit any offence while they are on bail;

(iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law;

(vi) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below.

(vii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].