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Judgment
14 paragraphs · 396 wordsShircy V, J
The petitioners are accused Nos. 1 and 2 in Crime No. 1666 of 2021 of Aluva East Police Station registered for the offences punishable under Sections 406, 420 read with 34 of Indian Penal Code.
The prosecution allegation is that the 2nd petitioner along with the 1st accused has pledged spurious gold ornaments in a finance company at Aluva and received in total a sum of Rs. 2,32,000/- and shared the amount and thereby cheated the firm.
The learned counsel for the petitioners has submitted that the application with respect to the 1st petitioner/1st accused is not pressed.
The 2nd petitioner has been in custody since 02.10.2021.
The learned counsel for the petitioners submitted that the 2nd petitioner is totally innocent of the allegations levelled against him.
The learned Public Prosecutor opposed the application highlighting the criminal antecedents of the 2nd petitioner. It is also submitted that the investigation of the crime is nearing completion.
Considering the period of detention undergone by the 2nd petitioner and also that the investigation of the case is almost complete, though he is having criminal antecedents, I think that his request for bail can be considered favourably as the prosecution has no case that he is involved in similar cases earlier.
Therefore, this application is allowed subject to the following conditions:
(i) The 2nd petitioner shall be released on bail on his executing a 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 2nd petitioner shall appear before the Investigating Officer on every Monday between 11 a.m. and 12 noon for a period of two months or till the filing of the final report, whichever is earlier.
(iii) The 2nd petitioner 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 2nd petitioner 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.
This application with respect to the 1st petitioner stands dismissed.