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 sole accused in Crime No. 603/2022 of the Pathanamthitta Police Station, Pathanamthitta District.. The offences alleged against the petitioner are under Sections 406, 420 and 409 of the Indian Penal Code, 1860 apart from Sections 21 and 23 of the Banning of Unregulated Deposit Schemes Act, 2019.

According to the prosecution, petitioner has been arrayed as the 1st accused alleging that he collected fixed deposits from the defacto complainant after promising to pay interest at 12% and failed to return the money or the interest and thereby committed the offences alleged.

Sri.C.S.Manu, learned Counsel for the petitioner submitted that the entire prosecution allegations are false and ingredients of the offences are not made out. It was further submitted that since the petitioner was arrested on 21.07.2022, the continued detention of the petitioner is not required.

Sri.K.A.Noushad, learned Public Prosecutor on the other hand opposed the grant of bail and submitted that if the petitioner is released on bail, it would prejudice the investigation and he may even influence the witnesses.

Having regard to the fact that petitioner has been in custody since 21.07.2022, I am of the view that the continued detention of the petitioner would not serve any purpose. In view of the above, the petitioner is entitled to be released on bail in the event of his arrest on conditions:

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on her executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall she tamper with the evidence.

d) Petitioner shall surrender the passport before the jurisdictional court.

(e) Petitioner shall not leave State of Kerala without intimating the Investigating Officer.

(f) Petitioner shall not commit any similar offences while he is on bail.

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.