Saji Sam vs State Of Kerala

Viju Abraham, J

This is an application for Regular Bail.

The petitioner is accused No.1 in Crime Nos.284/2022, 246/2022, 267/2022, 380/2022, 464/2022 and 465/2022 of Pathanamthitta Police Station, Pathanamthitta alleging commission of offences punishable under Sections 406, 420 and 409 r/w Section 34 of the IPC.

The prosecution case is that, the petitioner with an intention of making unlawful gain for himself and for causing unlawful loss to the de facto complainant accepted fixed deposits from them and promising them to pay interest at the rate of 12% for the Fixed Deposits and that money would be safe and that the same can be refunded as and when requested for and thereafter did not refund the said amount despite the request made by them and thereby cheated them by committing criminal breach of trust. It is alleged that the petitioner committed under Sections 406, 420 and 409 r/w Section 34 of the IPC.

The learned counsel for the petitioner submitted that he is in custody from 8.04.2022 onwards, in all these cases and further that he has been granted bail in all other cases.

The learned Public Prosecutor seriously opposed the application for bail, mainly contending that the petitioner is involved in series of frauds and huge amount of money was obtained from others. It is further submitted that, the petitioner has been granted bail in other similar matters.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is in custody from 16.05.2022, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

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

(ii) Petitioner shall appear before the investigating officer in Crime Nos.284/2022, 246/2022, 267/2022, 380/2022, 464/2022 and 465/2022 of Pathanamthitta Police Station, Pathanamthitta on every Saturday at 11 am till the filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the victims or any witness in Crime Nos.284/2022, 246/2022, 267/2022, 380/2022, 464/2022 and 465/2022 of Pathanamthitta Police Station, Pathanamthitta;

(iv) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime Nos.284/2022, 246/2022, 267/2022, 380/2022, 464/2022 and 465/2022 of Pathanamthitta Police Station, Pathanamthitta may file an application before the jurisdictional court, for cancellation of bail.