Deric Antony @ Deric vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner is the accused in Crime No.603/2021 of Mannanchery police station, Alappuzha district, alleging commission of offences under Sections

420, 465, 468 and 471 of the Indian Penal Code.

Allegation against the petitioner is that on 04.12.2021, the petitioner with the intention of cheating the

de facto complainant, approached the de facto complainant who is a lottery seller and gave her a forged lottery ticket showing that the said lottery

ticket has won prize money of Rs.2000/- and accepted Rs.1500/- as cash and lottery tickets of Rs.500/- in return and thereby he caused wrongful loss

to the de facto complainant.

Learned counsel appearing for the petitioner submits that the petitioner is 50% disabled and has been in custody from 08.12.2021. it is submitted

that the complaint was given by the de facto complainant on the basis of some misunderstanding and that actually the petitioner is innocent in the

matter. It is submitted that further custody of the petitioner is not necessary as the petitioner has been in custody for nearly 40 days.

I have heard the learned Public Prosecutor also. Learned Public Prosecutor points out that the petitioner is involved in another case registered in the

year 2001.

Having regard to the facts and circumstances of the case and nature of the allegations against the petitioner, I am of the opinion that continued

detention of the petitioner is not necessary. Therefore, I am of the opinion that the petitioner can be released on bail subject to strict conditions.

Accordingly, this application for bail is allowed and 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.10,000/- (Rupees ten thousand only) with two solvent sureties each for the like-sum to the

satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.603/2021 of Mannanchery Police station as and when called upon to do;

(iii) 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.603/2021 of Mannanchery police station may

file an application before the jurisdictional court, for cancellation of bail.