AI Structured Summary
Not yet generated for this judgment
Judgment
Bechu Kurian Thomas, J
This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
Petitioner is the accused in Crime No.960/2022 of Ayiroor Police Station, Kannur alleging offences punishable under Sections 405, 409 and 420 of Indian Penal Code, 1860.
According to the prosecution, the accused is the sub-post master of Palayamkunnu Post Office, who had, during the period from April 2022 till 15.10.2022, committed criminal breach of trust and cheated the Central Government of the amount deposited under the customers postal life insurance scheme to the extent of Rs.12,35,404.15/- ( Rupees twelve lakhs thirty five thousand four hundred four and paise fifteen only) and thereby committed the offences alleged.
I have heard Sri. B.A Aloor, the learned counsel for the petitioner as well as Smt. Sreeja V., the learned Public Prosecutor.
After appreciating the arguments of the learned counsel and on perusing the materials on record, I am of the view that the allegations are serious and there are materials to connect the petitioner with the crime.
The accused was arrested on 18.4.2023 and was remanded on 19.4.2023. He has been in custody since then. The offences alleged against the petitioner are serious in nature, especially since as a sub-post master he is alleged to have committed criminal breach of trust of the amount deposited under a scheme for the benefit of customers of the postal department. Even though the allegations are serious in nature considering the period of detention already undergone and also considering the stage of investigation, I am of the view that, petitioner is entitled to be released on bail.
In the result, this application is allowed on 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 Investigating Officer as and when required.
c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
d) Petitioner shall not commit any similar offences while he is on bail.
e) Petitioner shall not leave India without the permission of the court having jurisdiction.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.