T. Ramprasad vs State Of Kerala

Mohammed Nias C.P., J

This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

The petitioner is the third accused in Crime No. 20/2023 of Cyber Crime Police Station, Alappuzha, for having committed offences punishable under Sections 403, 406, 419 and 420 r/w 34 of the Indian Penal Code and Section 66D of the Information Technology Act.

The crux of the allegation is that the second accused had given advertisements with respect to housing loans and on 18.7.2023, the accused persons had made a false representation that they were the representatives of a company by name ‘TEAK MEADOWS TAGIT’ and had promised to provide housing loan and had contacted the defacto complainant over Whatsapp and had induced the defacto complainant to transfer a total amount of Rs. 64,000/- from the SB account of the defacto complainant at Chennithala branch of Bank of Baroda and thereby committed the said offences.

The learned counsel for the petitioner submits that the petitioner is innocent of the allegations levelled against him and has been falsely implicated in the crime. At any rate, he points out that the petitioner has been in custody since 20.3.2024, and the continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

I have heard both sides.

Taking into account the facts that the petitioner was arrested on 20.3.2024, there are no other antecedents reported against him and that the investigation has progressed, I am inclined to grant bail to the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

i. The petitioner shall be released on bail on 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; both sureties shall be the natives of the State of Kerala;

ii. The petitioner shall fully cooperate with the trial and shall attend the Court on all posting dates except when his absence is permitted by the court concerned;

iii.The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence or do anything that might adversely affect the trial;

iv.The petitioner shall not commit any offence while on bail;

v. The petitioner shall not leave the country without the permission of the Court having jurisdiction;

vi.In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.