FAIZAL.P.S v. SUB INSPECTOR OF POLICE

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SMT.NEEMA.T.V, SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

24.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Application No. 185 of 2024 2 C.S.DIAS,J ====================== Bail Application No. 185 of 2024 ----------------------------------- Dated this the 24th day of January, 2024 O R D E R The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the second accused in crime No.995/2022 of the Kallambalam Police Station, Thiruvananthapuram, registered against the accused (five in number), for allegedly committing the offences punishable under Sec.420 read with Sec.34 of the Indian Penal Code. The petitioner was arrested on 7.12.2023.

2. The gist of the prosecution case is that: the accused in prosecution of their common intention made the defacto complainant believe that they could secure a loan for Bail Application No. 185 of 2024 3 Rs.7.5/- crores. Accordingly, as the defacto complainant did not have a property of his own, the first accused assured him to secure a property of a third person on condition that he pays an amount of Rs.7,50,000/-. On believing the words of the accused, the defacto complainant transferred an amount of Rs.7,50,000/- to the bank account of the second accused who in turn handed over the money to the first accused. Thus, the accused have committed the above offences.

3. Heard; Sri.Sayed Mansoor Bafakhy Thangal, the learned counsel appearing for the petitioner and Smt.Neema T.V, the learned Public Prosecutor appearing for the respondents. Bail Application No. 185 of 2024 4

4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime. The very fact that the alleged incident occurred in June 2022, that the FIR was lodged only on 25.10.2022 and the petitioners were arrested on 7.12.2023 speaks about the falsity of the crime. At any rate, the petitioner had only allegedly given his bank details to transfer the money. The petitioner is not a beneficiary. The petitioner has been in judicial custody since 7.12.2023. The investigation so far as it relates to the petitioner is practically complete. The petitioner is willing to abide by any condition imposed by this Court. Hence, the application may be allowed. Bail Application No. 185 of 2024 5

5. The learned Public Prosecutor opposed the application. She contended that the investigation is still in progress. The accused 1 and 3 to 5 are still at large. If the petitioner is let off on bail, it would hamper with the investigation. Hence, the application may be dismissed.

6. After bestowing my anxious consideration to the materials placed on record, particularly taking note of the specific allegation made against the petitioner that he only gave his bank account details to the defacto complainant to transfer the money, that the petitioner has been in judicial custody since 7.12.2023, the investigation so far as it relates to the petitioner is practically complete and no recovery is to be effected, I am of the view that notwithstanding the fact that the accused 1 and 3 to 5 have Bail Application No. 185 of 2024 6 not been arrested, the petitioner is to be released on bail. Hence, I am inclined to allow the bail application. In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions: (i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of two months or till the final report is laid, whichever is earlier. He shall also appear before the Investigating Officer as and when required; Bail Application No. 185 of 2024 7 (ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever; (iii) The petitioner shall not commit any offence while he is on bail; (iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond; (v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of Bail Application No. 185 of 2024 8 bail, if any filed, and pass orders on the same, in accordance with law. (vi) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below. (vii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663]. sd/- sks/24.1.2024 C.S.DIAS, JUDGE Bail Application No. 185 of 2024 9 APPENDIX OF BAIL APPL. 185/2024 PETITIONER ANNEXURES Annexure 1 Annexure 2 Annexure 3 THE TRUE COPY OF FIR NO.995 OF 2022 OF KALLAMBALAM POLICE STATION, THIRUVANANTHAPURAM THE TRUE COPY OF ORDER DATED 22-12-2023 PASSED BY SESSIONS COURT, THIRUVANANTHAPURAM THE TRUE PHOTOSTAT COPY DATED 06-01-2024 PASSED IN CRL.M.C NO.3414 OF 2023 BY SESSIONS COURT, THIRUVANANTHAPURAM