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Judgment
The applicant is the sole accused in Crime No.807/2020 of Kodanad Police Station, Ernakulam, for having allegedly committed offences punishable
under Section 420 of the IPC.
The prosecution case, in brief, is that on 17.08.2020, the applicant allegedly borrowed a sum of Rs.25,000/- from the defacto complainant agreeing
to repay the same. On 18.10.2020, the applicant allegedly contacted the defacto complainant and asked her to come over to Kodanadu to receive the
money which he had borrowed from her. The defacto complainant along with her two friends came there and requested for return of the money. At
that time the applicant allegedly asked them to hand over their mobile phone. On hearing this, the defacto complainant and two friends handed over
their mobile phones to the accused. It was alleged that the accused left the place promising to repay the money within a short time and thereafter he
neither repaid the amount nor did he handed over the mobile phones and thus committed the offence of cheating. The allegation of the prosecution is
that the applicant had dishonestly induced the defacto complainant to lend money to him, thereafter when it was demanded back, he dishonestly
induced the applicant again to hand over the mobile phones in return of money, but that too was not returned subsequently and thus the crime was
registered against the applicant. He was arrested on 16.11.2020 and he remains in custody. The applicant states that he may be released on bail.
Heard the learned counsel for the applicant and the learned Public Prosecutor.
The learned Public Prosecutor submits that the applicant is a person having criminal antecedents, he is involved in two crimes for offences under
Sections 323 and 143 IPC, which are bailable and there is another crime registered for offences punishable under Sections 308 of the IPC. Therefore,
the applicant may not be released on bail.
The applicant has already been subjected to custodial interrogation. One of the mobile phones which the applicant had allegedly taken has been
recovered. The applicant has no history of cheating as is evidenced from the materials available. He is involved in two cases of IPC for offences of
assault and attempted culpable homicide, but he has not been involved in offences of cheating. The applicant has been in incarceration long enough for
him to be questioned and subjected to custodial interrogation. Therefore, I find no reason for incarcerating him any longer.
In the result, the bail application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/- (Rupees Fifty
thousand only) with two solvent sureties for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;
(1) He shall appear before the investigating officer as and when called for.
(2) He shall not attempt to influence or intimidate the witnesses.
(3) He shall not get involved in similar offences during the currency of the bail.
In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.