This is an application for bail filed by the second accused in Crime No.1472/2014 of Aluva police station under Section 439 of the Code of Criminal Procedure. 2. The case of the prosecution in nutshell was that the accused persons in furtherance of their common intention of cheating others for making investment in the film industry, obtained amounts from several persons and thereafter they have neither produced the film nor returned the amount and thereby all of them have committed the offence punishable under Section 420 read with Section 34 of the Indian Penal Code.
3. The counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same and he has been falsely implicated in the case. It was admitted by the son-in-law of the petitioner that he was responsible for the repayment of the amount and neither the petitioner nor his daughter has any involvement in the transaction and in all other cases, the petitioner was granted bail. His custody is not required any more in connection with the investigation as well. So, he prayed for allowing the application.
4. The application was opposed by the Public Prosecutor on the ground that investigation of the case is not over and the petitioner is accused in several other cases of similar nature.
5. Heard both sides and perused the records.
6. It is seen from the records that the above case was registered on the basis of a private complaint filed by the defacto complainant against the accused persons including the petitioner alleging commission of the said offence which was forwarded to the police by the Judicial First Class Magistrate Court, Aluva for investigation under Section 156(3) of the Code of Criminal Procedure. It is also an admitted fact that on the basis of the complaint given by several persons, several crimes were registered against the petitioner and others alleging commission of similar offence as Crime Nos.175/2014, 141/2014 and 558/2014 of Perumbavoor police station and Crime No.59/2014 of Kalady police station etc and while he was in custody in some of the cases registered against him for commission of the similar offence, his arrest was recorded in this case also and his custody was also obtained and he was remanded for this case as well. He is in custody from 27.3.2014. Considering the fact that he has been granted bail in all the cases in which he has been made accused so far, this Court feels that bail can be granted to the petitioner in this case as well. So, the application is allowed with the following conditions.
i. The petitioner shall be released on bail on executing a bond for Rs.50,000/- with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court, Aluva.
ii. The petitioner shall appear before the investigating officer on the last Saturday of every month between 9 a.m and 10 a.m for a period of three months or till the final report is filed, whichever is earlier.
iii. The petitioner shall appear before the investigating officer for the purpose of interrogation in connection with the above crime as and when required in writing to do so till the final report is filed.
iv. The petitioner shall not intimidate or influence the witnesses.
v. The petitioner shall not involve in any other crime of similar nature during bail period.
vi. The petitioner shall not leave State of Kerala without getting prior permission from the Judicial First Class Magistrate Court, Aluva till the disposal of the case.
With the above conditions, the application is allowed.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge