This is an application filed by the accused in Crime No.1318 of 2014 of Palarivattom Police Station for regular bail under Section 439 of the Code of Criminal Procedure.
2. The case of the prosecution in nut shell was that the accused with an intention to cheat the de facto complainant made advertisements in the paper of providing employment abroad and induced the de facto complainant to part with huge amount on several days and thereafter, he had neither returned the amount nor had he fulfilled his promise and thereby he had committed the offences punishable under Sections 406 and 420 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. Even assuming that the entire allegations are accepted, no offences under Sections 406 and 420 of the Indian Penal Code are attracted. Further, he is in jail from 13.09.2014 onwards.
4. The application was opposed by the Public Prosecutor on the ground that investigation is not over and he is accused in several similar cases and he was not granted bail in those cases.
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 the statement given by the de facto complainant against the petitioner alleging commission of the above said offences. It is seen from the allegations in the statement that from 07.05.2014 onwards on the promise of the petitioner, the de facto complainant was handing over money on several occasions and the driving licence and passport of the son of the de facto complainant were also handed over to him. It is seen from the allegations that the amounts were parted with by the de facto complainant on the basis of the inducement made by the accused for providing a job at Quatar. It is seen from the report of the investigating officer that he is the accused in Crime Nos.720 of 2014 and 824 of 2014 of the same Police Station committing similar offences. The petitioner was arrested on 13.09.2014 but it is seen from the report of the investigating officer that he is in custody in connection with the other similar cases as well. It is also seen from the report of the investigating officer that investigation is still in progress and it is not known as to how many persons have been said by have cheated by the petitioner in the like manner.
7. So considering the gravity of offence and manner in which the offence was committed, this court feels that it is not a fit case to grant bail to the petitioner at this stage and the application is liable to be rejected.
In the result, this application is rejected.
Sd/-
K.RAMAKRISHNAN.
JUDGE.
AS /True Copy/ P.A. to Judge