Vikas Mathew vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in crime No.288/2024 of the Irinjalakuda Police Station, Thrissur, registered against him for allegedly committing the offences punishable under Sections 406 & 420 of the Indian Penal Code. The petitioner was originally arrested on 24.01.2024 in Crime No.203/2024 by the Ernakulam Central Police Station. Subsequently, the petitioner’s formal arrest was recorded in the present crime.

The crux of the prosecution case is that: the accused with a dishonest intention had assured the defacto complainant to secure an overseas employment visa. Consequently, the accused received Rs.15,62,000/- from the de facto complainant. However, the accused failed to arrange the visa or return the money. Thus, the accused has committed the above offences.

Heard; Sri.V.Visal Ajayan, the learned counsel appearing for the petitioner and Sri.C.S.Hrithwik, the learned Public Prosecutor appearing for the respondent.

The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime. A reading of the First Information Report would substantiate that the offences will not be attracted. Notwithstanding the other contentions, this Court by the order in B.A.No.1958/2024 dated 20.3.2024 has already enlarged the petitioner on bail in a similar crime. The petitioner has been in judicial custody since 24.01.2024, the investigation in the case is practically complete and recovery has been effected. Therefore, the  petitioner's  further  detention  is  not  necessary. Hence, the application may be allowed.

The learned Public Prosecutor seriously opposed the application. He submitted that the petitioner is a person with criminal antecedents. The petitioner is involved in 11 other cases of similar nature in different police stations in the State. If the petitioner is released on bail, there is every likelihood of him committing similar offences. Hence, the application may be dismissed.

On an anxious consideration of the facts, the rival submissions made across the Bar, and the materials placed on record, especially taking into account the fact that the petitioner has been in judicial custody since 24.01.2024, the investigation in the case is practically complete and recovery has been effected, I am of the view that the petitioner’s further detention is unnecessary. Hence, I am inclined to allow the bail application.

In the result, the application is allowed, by directing the petitioner to 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, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of one month or till the final report is laid, whichever is earlier. He shall also appear before the Investigating Officer as and when required;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or procure 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 in any manner, whatsoever;

(iii) The petitioner shall not commit any offence while he is on bail;

(iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has already surrendered his passport as directed by this Court in B.A. No.1958/2024, he shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) The petitioner shall furnish his present address and permanent address, and his mobile phone number to the court below and the Investigating Officer;

(vi) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(vii) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below.

(viii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and Anr. [2020 (1) KHC 663].