Sam Hearter vs State Of Kerala

Application for regular bail under Section 439 Cr.P.C. The applicant is the sole accused in Crime No.1267/2019 of Thiruvalla Police Station,

Pathanamthitta, for having allegedly committed offences punishable under Sections 406 and 420 of the IPC.

The prosecution case, in brief, is that the applicant had dishonestly induced the de facto complainant to deliver a sum of Rs.8.5 lakhs between May

27th 2017 till December 2018, and did not provide the Visa as promised and thereby cheated the de facto complainant.

The applicant states that he is innocent and the allegations are not true. He had only introduced the de facto complainant to some others who are

allegedly arranging Visa and permanent residency in Canada. The applicant has nothing to do with the alleged act of providing Visa and therefore he

prays that he may be released on regular bail.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor states that the applicant may abscond because he has no permanent residence and that he is involved in another

crime of similar nature.

The learned counsel for the applicant has produced his Aadhar card, Voters ID and Passport to indicate his permanent address and the address is

same as mentioned in the application. The applicant has been in custody since 18.01.2021. Final report is not yet filed. The applicant therefore prays

that he may be released on bail.

Considering the facts and circumstances in this case, I find that further detention of the applicant is not going to serve any purpose. His custodial

interrogation is over and all the materials that may be required for the purpose of completing the investigation have already been seized by the police.

The applicant has produced documents which would indicate that he has a permanent place of abode.

In the result, the bail application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/- (Rupees Fifty

thousand only) with two solvent sureties for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;

He shall surrender his passport before the jurisdictional court, and shall not go abroad without the permission of the court, in case he does not have

any passport, he shall file an affidavit to that effect.

He shall appear before the investigating officer on all Saturdays between 9 a.m and 12 noon for a period of three months or till filing of the final

report whichever is earlier.

He shall not attempt to influence or intimidate the witnesses.

He shall not get involved in similar offences during the currency of the bail.

In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.