Faizal vs State Of Kerala

K.Haripal

Petitioner is the second accused in crime No.169/2021 of Elamakkara police station, which was registered alleging offence under Sections 406, 420,

468 and 471 read with Section 34 of the IPC.

It is alleged that, he in connivance with accused Nos.1 and 3, with the intention of defrauding the defacto complainant made him believe that house

No.XXXVII/1597 situated in Ponekkara belongs to the 1st accused, offering to mortgage the same to the defacto complainant, made the latter to pay

Rs.8 lakhs as consideration; Actually, the 1st accused has no manner of right in the building. In the process of cheating, they also created a fake

building tax receipt in respect of the building in the name of the 1st respondent.

I heard learned counsel for the petitioner and the 2nd respondent and the learned Public Prosecutor. According to the counsel for the petitioner, he

as a real estate agent had only introduced the 2nd respondent to the 1st accused, for which wife of the 2nd respondent paid his Rs.5000/-, that he has

no other connection with the crime. This has been disputed by the learned counsel for the 2nd respondent. According to him, all the accused were

acting hand in glove. Though he had gone in occupation of the building, at the instance of one Sandeep Warrier, the owner of the building, he had to

surrender possession; now he has lost the building and also the sum of Rs.8 lakhs paid by him.

Petitioner is in custody from 01.07.2021 onwards. Nothing is recoverable from him and, there is no impediment in granting bail to him.

Having heard the learned counsel on both sides and also the learned counsel for the defacto complainant, I do not think that overwhelming reasons

are there for the continued detention of the petitioner, even though the matters stated by the learned counsel justifying him and that he is only a real

estate agent, are not convincing; he has also antecedents. All the same, for the mere reason that the other accused are not arrested, hisÂ

further detention cannot be justified.

Therefore, the petitioner shall be released on bail on the following conditions:-

i) Petitioner shall execute bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional

court;

ii) He shall not try to contact or influence the witnesses or tamper with evidence;

iii)He shall not leave the country without leave of the jurisdictional court;

iv) He shall surrender his passport before the jurisdictional court within ten days from the date of release; if he does not possess passport, an affidavit shall be filed

to that effect;

v) He shall not involve in any crime during the period on bail;

vi) He shall appear before the Investigating Officer/trial court as and when required;

vii)He shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19

pandemic;

viii)If any of the above conditions are violated by the petitioner, the jurisdictional court will be a liberty to cancel the bail in accordance with law.

This bail application is allowed as above.