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Judgment
11 paragraphs · 353 wordsShircy V, J
Application for regular bail.
The petitioner, who is the 1st accused in Crime No.535/2021 of Chengannur Police Station, Alappuzha District registered for the offences punishable under Sections 465, 468 and 420 r/w 34 of the Indian Penal Code, has moved this application for his release on bail.
The prosecution allegation is that the petitioner has offered a job to the defacto complainant in Food Corporation of India as an accountant and received a sum of Rs.13 lakhs and thereafter forged certain documents and a fake appointment order was issued. But the petitioner has not arranged the job as promised and failed to return the amount received by him and thereby cheated and thus committed the aforesaid offences.
According to the learned counsel for the petitioner, he is totally innocent. In all the crimes registered against him, he was granted bail by this Court. Now he is undergoing incarceration of this case in which his arrest was recorded only on 17.09.2021.
Though the gravity of the offences alleged against this petitioner are grave and serious in nature, I think that he can be released on bail subject to the following stringent conditions:-
(i) The petitioner shall be released on bail on executing a 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 on 1st Monday of every month between 10.00 a.m and 11.30 a.m. for a period of two months or till filing of the final report, whichever is earlier.
(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 learned Magistrate is empowered to cancel the bail in accordance with the law.
