Shyjin Britto vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail under Section 439 of Code of Criminal Procedure, 1973.

Petitioner is the 1st accused in Crime No.1531 of 2022 of Malayinkil Police Station, Thiruvanathapuram, alleging offences punishable under Section 420 read with Section 34 of the Indian Penal Code, 1860.

According to the prosecution, the accused had together, with intent to cheat the defacto complainant, promised to procure a job for her as Secretariat Assistant at the Government Secretariat and collected an amount of Rs.10,25,000/- on different dates and thereafter, failed to provide the employment and also refused to return the amount and thereby committed the offences alleged.

Sri. K.Sudhinkumar, the learned counsel for the petitioner contended that, the entire prosecution allegations are false and that the incident as alleged had not occurred. It was further submitted that, petitioner is being falsely implicated in a crime and that the petitioner is willing to abide by any conditions that may be imposed.

Sri. Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that, the allegations against the petitioner are serious in nature and since the investigation is continuing releasing the petitioner on bail at this juncture would cause prejudice to the prosecution. The learned Public Prosecutor also submitted that, the petitioner is involved in other similar crimes.

I have considered the rival contentions. Even though the allegations against the petitioner are serious in nature. Considering the period of detention already undergone from 23.11.2022, I am of the view that, the continued detention of the petitioner is not required. Therefore, the petitioner is entitled to be released on bail.

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

(i) 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.

(ii) Petitioner shall appear before the Investigating Officer as and when required;

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(iv) Petitioner shall not commit any offence while he is on bail.

(v) 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.