Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 8TH DAY OF JULY 2022 / 17TH ASHADHA, 1944 BAIL APPL. NO. 413 OF 2022 CRIME NO.28/2022 OF KORATTY POLICE STATION PETITIONER/ACCUSED NO.2: TONY CLETUS AGED 41 YEARS, KURUPPASSERIL, CHENDAMANGALAM P.O., NORTH PARUR, ERNAKULAM DISTRICT, ERNAKULAM, PIN - 683512 BY ADVS. JOBI.A.THAMPI SHOUKATH HUSAIN BINNY.A.THOMAS RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 ASWIN AGED 24 YEARS, VELIYATHUPARAMBIL HOUSE, KOOVAKKATUKUNNU DESAM, MELOOR VILLAGE KERALA, THRISSUR, PIN - 680311 BY ADV PP - SMT. NIMA JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
ORDER
Dated this the 08th day of July, 2022 This is an application for Anticipatory Bail.
2. The petitioner is the 2nd accused in Crime No.28/2022 of Koratty Police Station alleging commission of offence punishable under Section 420 of the IPC.
3. The prosecution case is that, accused Nos.1 to 3 on
giving a false promise to the de facto complainant that they will arrange student visa to Italy and obtained an amount of Rs.1,82,000/- thereby committed the offence.
4. The learned counsel for the petitioner submitted that, the petitioner is only an employee of the said firm and has absolutely no connection with the alleged crime. It is further submitted that he has already left the firm.
5. The learned Public Prosecutor, upon instruction, submitted that, the petitioner is only an employee of the firm and he has no other criminal antecedents.
6. When the matter was taken up for consideration on 22.02.2022, an order has been issued by this Court not to arrest the petitioner in connection with the above said crime. ..3..
7. Having regard to the facts and circumstances of the
case, considering the nature of the allegation, petitioner is only an employee of the 1st accused and also has no other criminal antecedents, I am inclined to grant anticipatory bail to the petitioner, subject to stringent conditions. In the result, the bail application is allowed. Petitioner shall surrender before the investigation officer on 14th July, 2022 at 11.00AM and shall co-operate with the investigation. In the event of arrest of the petitioner in Crime No.28/2022 of Koratty Police Station, he shall be released on bail, subject to the following conditions:
(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the Jurisdictional Court;
(ii) Petitioner shall appear before the
investigating officer in Crime No.28/2022 of Koratty Police Station, on every Saturday at 11 am until filing of final report and the petitioner shall co-operate with the investigation;
(iii) The Petitioner shall not attempt to (contact
..4.. the victim or the de facto complainant) or interfere with the investigation or to influence or intimidate any witness in Crime No.28/2022 of Koratty Police Station;
(iv) The Petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the investigating officer in Crime No.28/2022 of Koratty Police Station may file an application before the jurisdictional Court, for cancellation of bail. It is made clear that it is within the power of the police to
investigate the matter and if necessary to effect recoveries on the information if any given by the Petitioners even when the petitioners are on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020 (1) KHC 663). Sd/- VIJU ABRAHAM, JUDGE ded/08.07.2022