Suneer vs State Of Kerala

Shircy V.

Application for regular bail.

The petitioner, the 2nd accused in Crime No.679/2021 of Aluva West Police Station, Ernakulam District registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code, has moved this application for his release on bail.

The petitioner has been in custody since 03.10.2021.

The prosecution allegation is that this petitioner along with the 1st accused had pledged spurious gold ornaments in Manjali Service Co-operative Society, East Branch and received a sum of Rs.1,10,000/-. The said amount was shared by both the accused and thus they have cheated the Society and thereby committed the aforesaid offenes.

The learned counsel for the petitioner submits that he is totally innocent of the allegations levelled against him. But he is undergoing unnecessary incarceration as this case has been falsely foisted against him.

But the said submission is refuted by the learned Public Prosecutor pointing out his criminal antecedents. He is involved in Crime Nos.594, 647, 677, and 513 of 2021 registered before the Aluva West Police Station. Bail has already been granted in Crime No.513 of 2021.

The allegation levelled against this petitioner is definitely grave and serious in nature as he along with the 1st accused had pledged spurious gold ornaments and received money from the Society. It is the money of the public. Still considering the period of detention undergone by him in custody and the present stage of investigation, I think that he can be released on bail subject to the following conditions:

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh 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 on first Monday of every month between 10.00 a.m and 12.00 noon for a period of three 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 jurisdictional court is empowered to cancel the bail in accordance with the law.