Vipin V.S vs State Of Kerala

Ziyad Rahman A.A., J

This is an application filed under Section 439 Cr.P.C. for regular bail.

The petitioner is the 1st accused in Crime No.1396 of 2022 of Ernakulam Central Police Station, which was registered for the offences punishable under Sections 406 and 420 of IPC.

The prosecution case is that, the petitioner along with the other accused, with the intention to deceive the de facto complainant fraudulently induced him to part with Rs.15,00,000/-promising that he would provide franchisee of the firm named M/s.Anvi Fresh Pvt.Ltd. But, later, no such franchisee was provided and the amount was also not paid. Petitioner was arrested in connection with the investigation of the said case on 24.11.2022 and since then he is under judicial custody. The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations. According to him, the allegations against the petitioner does not disclose any criminal offence but it is only a civil transaction. It is also pointed out that, the petitioner was already granted bail in a similar crime, as per order of this Court dated 02.02.2023 in B.A.No.367 of 2022.

On the other hand, the learned Public Prosecutor would oppose the aforesaid contention. It is pointed out that the petitioner is involved in 17 other cases of similar nature and if the petitioner is released on bail it will affect the investigation.

I have gone through the records and heard the contentions on either side. The petitioner has been in custody since 24.11.2022 and it is evident that the investigation has progressed substantially.

It is discernible from the records that, even though the petitioner was arrested on 24.11.2022, as on date no final report has been submitted by the Police and therefore, he is entitled for statutory bail as contemplated under Section 167(2) of Cr.P.C. The fact that no final report has been submitted is confirmed by the learned Public Prosecutor.

In such circumstances, as rightly pointed out by the learned counsel for the petitioner, the petitioner is entitled for statutory bail. Accordingly, this bail application is allowed and the petitioner is directed to be released on bail subject to following conditions:

(i) The petitioner shall be released on bail on executing a bond for Rs 1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate.

(ii) The petitioner shall fully co-operate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Friday until further orders. The petitioner shall also appear before the investigating officer as and when required by him.

(iv) The petitioner shall not commit any offence of like similar nature while on bail.

(v) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The petitioner shall not leave State of Kerala without the permission of the trial Court.

(vii) The petitioner shall surrender his passport before the investigating officer, who shall produce the same before the jurisdictional court and if the petitioner is not having a valid passport, file an affidavit to that effect.

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