Unnikrishnan T vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime 220/EOW/KNR KSD/R/2022 of Economic Offence Wing, Kannur. The offences alleged against the petitioner are under Sections 406 and 420 of the Indian Penal Code, 1860.

According to the prosecution, the petitioner had obtained a loan amount of Rs.4,28,53,488/- from the defacto complainant society for the purpose of various construction works showing materials having been purchased from different entities including M/s. GEOMECH Constructions and thereafter, repaid only an amount of Rs.1,58,73,754/- and failed to repay the balance amount and had also cheated the defacto complainant by fraudulently creating documents showing receipts of materials purchased, without divulging that those works initially awarded to him was cancelled subsequently and thereby he committed the offences alleged.

Sri.S.Rajeev, learned Counsel for the petitioner submitted that the prosecution allegations are false and that petitioner has not committed any offence. It was further submitted that the nature of allegations, even if assumed to be correct, without accepting it, would reveal only a civil dispute and not a criminal offence. It was also submitted that petitioner was arrested on 29.04.2023 and has been in custody since then.

Sri.C.N.Prabhakaran, learned Public Prosecutor on the other hand opposed the grant of bail and submitted that petitioner created records to show that, he had received materials purported those to have been purchased, without actually receiving the materials and also after the work awarded was cancelled, and thereby cheated the defacto complainant. It was also submitted that since the investigation is still on going, releasing the petitioner on bail would cause prejudice to the investigation.

I have considered the rival contentions.

Petitioner is alleged to have cheated the defacto complainant of an amount of more Rs. 3 Crores. Even though the allegations are serious in nature, considering the period of detention already undergone and the custodial interrogation having been completed, I am satisfied that this is a fit case where the petitioner can be granted bail on conditions:

(a) 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.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) 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.