Saneesh K.N. 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 3rd accused in Crime No.396/2022 of Vellathooval Police Station, Idukki alleging offences punishable under Sections 120B, 406 and 420 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, the accused in furtherance of their common intention to cheat the defacto complainant, induced her to deliver Rs.3,00,000/- to one Noushad on 01.07.2022, promising to give her 13 sovereigns of gold, which was pawned with some private financier and subsequently when the gold was verified, it was found to be spurious and thereby the accused committed the offences alleged.

Adv.Jiji, appearing for the petitioner submitted that the petitioner has no role in the alleged offence and even if the prosecution case is admitted in its entirety, still the only role that can be attributed to the petitioner is that he introduced the 2nd accused to the defacto complainant. It was further submitted that the petitioner was arrested on 04.09.2022  and  that  due  to  the  long  period  of  detention  already undergone, petitioner ought to be released on bail.

Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious in nature. It was also submitted that petitioner is directly involved in the crime.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 04.09.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

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

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty 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 he tamper with the evidence or contact the defacto complainant or her family members.

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

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.