High CourtsSingle Bench(2021) 12 KL CK 0018

Akhilesh M.C. @ Manu Prasad vs State Of Kerala

High Court Of Kerala · Decided on 2 December 2021

HON’BLE JUDGES
Gopinath P, J
RESULT
Dismissed
CASE NUMBER
Bail Appl. No. 8998 Of 2021

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Judgment

12 paragraphs · 400 words

Gopinath P., J

1.

The petitioner is the accused in Crime No.419/2021 of Panamaran Police Station, Wayanad District alleging commission of offence punishable under Section 420 of the Indian Penal Code.

2.

The allegation against the petitioner is that under the false promise of marriage the petitioner obtained a gold chain and an amount of Rs.21,000/- from the de facto complainant.

3.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. He submits that the petitioner and the de facto complainant were in love with each other and they are intending to get married. It is submitted that the amount of Rs.21,000/- was obtained by pledging the gold chain to meet some emergent expenses and there was no intention to cheat the de facto complainant in any manner.

4.

The learned Public Prosecutor submits that the investigation in the matter is progressing and that if bail is being granted to the petitioner it may be on strict conditions to ensure that the petitioner does not interfere with the investigation in the matter.

5.

Having regard to the facts and circumstances of the case and taking into account the nature of the allegations, I am of the opinion that the petitioner can be granted bail subject to conditions. Accordingly it is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The 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) The Petitioner shall appear before the investigating officer in Crime No.419/2021 of Panamaran Police Station on every Saturday at 11 am until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No.419/2021 of Panamaran Police Station;

(iv) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(vi) 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.419/2021 of Panamaran Police Station may file an application before the jurisdictional Court for cancellation of bail.