Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 30TH DAY OF JUNE 2023 / 9TH ASHADHA, 1945 BAIL APPL. NO. 5086 OF 2023 CRIME NO.1591/2012 OF Thiruvalla Police Station, Pathanamthitta CC 1352/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,THIRUVALLA PETITIONER/ACCUSED: C.P JOHN AGED 60 YEARS S/O. C.V. PHILIPOSE CHANDRAVIRUTHIL VEEDU KULAKKADU P.O., THIRUVALLA PATHANAMTHITTA, PIN - 689101
BY ADV JAI GEORGE RESPONDENT/STATE & COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADV.SMT.T.V.NEEMA, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.5086/2023 2
BECHU KURIAN THOMAS, J.
----------------------------------- B.A.No.5086 of 2023 ------------------------------------ Dated this the 30th day of June, 2023
ORDER
This application is filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.
2. Petitioner is the accused in Crime No.1591 of 2012 of
Thiruvalla Police Station, Pathanamthitta District, now pending as C.C.No.1352 of 2012 on the files of the Judicial First Class Magistrate Court, Thiruvalla. The offence alleged against the petitioner is under section 420 read with section 34 of the Indian Penal Code, 1860.
3. According to the prosecution, the accused had, with an
intent to cheat the defacto complainant, induced him to invest in a flat by paying huge amounts and thereafter, failed to hand over the flat nor return the amount and thereby committed the offence alleged.
4. I have heard Sri.Jai George, learned counsel for the petitioner, as well as Smt.T.V.Neema, learned Public Prosecutor.
5. Petitioner is alleged to have cheated the apartment
purchasers by failing to construct the apartment or return the B.A.No.5086/2023 3 amounts invested by them. Petitioner was absconding for several years and he was finally arrested on 20.05.2023. In a similar case against the very same petitioner, this Court had granted bail on 26.06.2023 in B.A.No.4921 of 2023.
6. Considering the nature of allegations and the period of
detention already undergone, I am of the view that further detention of the petitioner is not essential and that the petitioner can be released on bail on strict conditions.
7. Accordingly, I allow this application with the following 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 trial court on every posting date and shall co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence the witnesses ; nor shall he attempt to tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not travel outside Kerala and shall surrender the passport. If the passport has already been surrendered, an affidavit to that effect shall be submitted.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application B.A.No.5086/2023 4 for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court. Sd/- BECHU KURIAN THOMAS JUDGE csl