Yadhukrishnan vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail under section 439 of the Code of Criminal Procedure 1973.

Petitioners are accused Nos.7 to 9 in Crime No.124 of 2023 of Thrissur Town West Police Station, alleging offences under Sections 120B and 395 of the Indian Penal Code, 1860.

According to the prosecution, pursuant to a criminal conspiracy, the accused took Rs.60,00,000/- from the defacto complainant after inducing him to believe that the first accused would arrange foreign currency worth Rs.1.20 Crores and collected Rs.10,00,000/- in two instalments and robbed him of the balance amount of Rs.50,00,000/- with the help of accused 2 to 9 and thereby committed the offences alleged.

I have heard Sri.Mithun Baby John, the learned counsel for the petitioners and Sri.Noushad K.A., the learned Public Prosecutor.

Petitioners are alleged to have conspired with the first accused to rob the defacto complainant of an amount of Rs.60,00,000/- after inducing him to believe that he would be given foreign currency worth Rs.1.20 Crores. Petitioners have been in custody from 09.05.2023. Accused 2 and 4 have not yet been arrested as submitted the learned Public Prosecutor.

However, considering the role attributed to the petitioners and the period of detention already undergone by them and also considering the submission of the learned counsel for the petitioners that the first accused is the main culprit behind the offence, who has already been arrested, I am of the view that further detention of the petitioner is not essential.

Accordingly, I allow this application on the following conditions :-

(a) Petitioners shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

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

(c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.

(d) Petitioners shall not commit any similar offences while they are on bail.

(e) Petitioners 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.