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Judgment
13 paragraphs · 485 wordsShircy V, J
Application for regular bail filed under Section 439 of the Code of Criminal Procedure.
The petitioner is the first accused in Crime No. 397 2021 of Chengannur Police Station registered for the offences punishable under Sections 484, 419, 465, 468, 473 and 420 r/w. 34 of the India Penal Code.
He has been in custody since 16.07.2021.
The allegation is that this petitioner along with the other accused had approached the defacto complainant with the intention to deceive him by offering a job to him in Food Corporation of India as clerk and received a sum of Rs.20 lakhs from the brother of the defacto complainant and thereafter forged certain documents and also issued a fake appointment order. On the basis of the fake appointment order, he proceeded to Chennai believing that he could join duty in FCI. But when he reached there it was realized that he was cheated by this petitioner and other accused and thereby he committed the aforesaid offences along with the other accused.
This crime has been registered against this petitioner and the other accused on the basis of the complaint lodged by the defacto omplainant.
Prima facie it appears that this petitioner as well the other accused have received a sum of Rs.20 lakhs from the defacto complainant promising to provide job for him. They have not only received the amount by cheating the defacto complainant but also fabricated documents as if he has been appointed as a clerk in Food Corporation of India.
No doubt the gravity of the offences alleged against this petitioner as well the other accused are grave and serious in nature. Considering the seriousness of the offences committed he is not entitled to be released on bail, but till date the investigation has not been completed by the investigating agency. Right to default bail is an indefeasible right. Hence, this petitioner is entitled for statutory bail and so he can be released on bail subject to the following conditions:
(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.5,00,000/- (Rupees five lakhs only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.
(iii) The 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 petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the jurisdictional court is at liberty to cancel the bail in accordance with the law.