Satheesh K.M vs State Of Kerala

Dr Kauser Edappagath, J

This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

The petitioner is the 2nd accused in Crime No.28/2023 of Viyyoor Police Station. The offences alleged are punishable under Sections 406 and 420 of Indian Penal Code.

The prosecution case in short is as follows: The accused No.1 is the chairman and managing director of a private limited company “Safe and Strong Business Consultant Pvt. Ltd.’ and the petitioner is its administrative head. It is alleged that both the accused in furtherance of their common intention induced the defacto complainant to advance Rs.25,76,750/- (Rupees twenty five lakhs seventy six thousand seven hundred and fifty only) by offering to give franchisee of the establishment and the accused No.1 did not give franchisee as promised nor did he return the amount.

Heard both sides and perused the case diary.

The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and if the petitioner is released on bail at this stage, it would affect the course of investigation.

The petitioner was remanded to judicial custody on 11.01.2023. The FIR was registered only against the 1st accused. There is no allegation in the FIS against the petitioner. In view of the nature of the crime and the stage of investigation, I do not find any reason to hold that the continued detention of the petitioner is required for any purpose. The investigation seems to have reached a fair stage. For all these reasons, the petitioner is entitled to be released on bail on conditions.

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

(i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The  petitioner  shall  fully  co-operate  with  the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioner shall also appear before the investigating officer as and when required by him.

(iv) The petitioner shall not commit any offence of like nature while on bail.

(v) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The petitioner shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion, modification of bail conditions or for cancellation of bail on the ground of violation of the bail conditions shall be filed at the jurisdictional court.