Sajeevan T.A vs State Of Kerala

Shircy V, J

Application for regular bail filed under Section 439 of the Code of Criminal Procedure.

The petitioners are in custody in connection with Crime No.499 of 2020 of Kozhinjampara Police Station registered for the offences punishable

under Sections 406, 420 read with Section 34 of the Indian Penal Code.

The prosecution allegation in brief are as follows:

The petitioners who are the accused Nos.2 and 3 along with the first accused had introduced accused Nos.4 and 5 to the defacto complainant who is

a businessman. The accused have promised to deliver 2.85 kg of gold bar worth Rs.16,70,000/- and entrusted the gold bar of 2.85 kg to the defacto

complainant. But when it was examined it was found as spurious gold and thereby they have committed the aforesaid offences of cheating and

criminal breach of trust to the defacto complainant. The petitioners were apprehended by the investigating agency on 2.7.2021 and since then they are

in judicial custody. Accused Nos.1,4 and 5 are absconding.

Heard the learned counsel for the petitioners as well the learned Public Prosecutor.

The learned counsel for the petitioners has submitted that they are totally innocent of the allegations levelled against them. In fact no amount has

been received by them from the defacto complainant. They have absolutely no role in the alleged transaction. But they are undergoing unnecessary

incarceration. Hence, this application.

The learned Public Prosecutor has submitted that the investigation of the case is well in progress though accused Nos.1,4 and 5 are not yet

apprehended.

Considering the nature of accusations levelled against the petitioners, the present stage of investigation, the period of detention undergone by them

and also the fact that the petitioners have no criminal antecedents, I am inclined to release them on bail subject to the following conditions.

(i) The petitioners shall be released on bail on his executing bond for a sum of Rs.1,00,000 /- (Rupees one lakh only) with two solvent sureties for the like sum each to

the satisfaction of the court having jurisdiction.

(ii) The petitioners shall appear before the Investigating Officer on first Mondays of every month between 10.a.m and 11.00 a.m for a period of two months or till filing

of the final report whichever is earlier.

(iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise 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.

(iv) The petitioners shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.