Subhash vs State Of Kerala

Raja Vijayaraghavan V, J

This application is filed under Section 438 of the Code of Criminal Procedure.

The petitioner herein is the 2nd accused in Crime No.252 of 2021 of the Kayamkulam Police Station registered under Sections 420 r/w Section 34

of the IPC.

It is the case of the de facto complainant that he was approached by the 1st accused and he was made to believe that said accused was a member

of the Interview Board in the Indian Railway and he was in a position to provide employment. Believing the words of the 1st accused a sum of

Rs.5,00,000/- was allegedly handed over to him. The allegation against the petitioner is that he had informed the informant that it was through the 1st

accused that his son obtained employment and thus provided reassurance to him.

The learned counsel appearing for the petitioner submits that the dealings were between the 1st accused and the informant and the petitioner has no

role to play. It is pointed out that even according to the informant the 1st accused had handed over a cheque towards security and the same was duly

presented. The minimal role assigned to the applicant is highlighted by the learned counsel to canvass his prayer.

The learned Public Prosecutor has opposed the prayer. It is submitted that on similar allegations a crime has been registered in the Venmani Police

Station.

I have carefully considered the submissions advanced and have carefully evaluated the materials. While considering the prayer for grant of

anticipatory bail, this Court has to strike a balance and it has to be ensured that no prejudice should be caused to the free, fair and full investigation .

At the same time harassment, humiliation and unjustified detention of the accused will also have to be avoided. From the materials available it appears

that the role attributed to the petitioner is that he spoke highly about the 1st accused.Having considered the facts and circumstances, I am of the view

that the custodial interrogation of the petitioner is not necessary for an effective investigation in the instant case

In the result, this application will stand allowed. The petitioner shall appear before the Investigating Officer within ten days from today and shall

undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on his executing a bond for a sum of Rs.50,000/-

(Rupees Fifty thousand only) with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:

i) The petitioner shall cooperate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for two months

or till final report is filed, whichever is earlier.

ii) He 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/ her from

disclosing such facts to the court or to any police officer.

iii) He shall not commit any similar offence while on bail.

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.