Jiju vs State Of Kerala

A. Badharudeen, J

This is an application for regular bail by the 2nd and 3rd accused, wherein, prosecution alleges commission of offences punishable under Sections 465, 468, 471, 511 and 420 r/w 34 IPC.

Precise allegation of the prosecution is that, the accused herein attempted to sell idol of Ganapathy stating that the idol was made of gold. Further they had created forged documents in this regard and used the same as genuine. This is the base on which the prosecution alleges commission of the above offences.

It is submitted by the learned counsel for the petitioners that, accused Nos. 4 and 7 were granted bail by this court after 22 days of custody. It is submitted further that the investigation requiring custody of the petitioners is practically over and there is no necessity to detain them in custody for the purpose of investigation.

Though learned Public Prosecutor opposed the bail application, he also conceded the progress in the investigation as canvased by the learned counsel for the petitioner. He also conceded grant of bail to accused Nos. 4 and 7 by this court.

On scrutiny of the report placed by the learned Public Prosecutor, I could gather that the investigation is practically over and further custody of the petitioners who have been in custody from 03.12.2021 in this matter is not necessary to complete the investigation. In that view of the matter, petitioners can be released on bail on the following conditions:

i. The petitioners shall be released on bail on their executing bond for Rs.30,000/- (Rupees Thirty Thousand Only) each with two solvent sureties, each for the like amount to the satisfaction of the Magistrate court concerned.

ii. The petitioners shall co-operate with COVID-19 restrictions.

iii. The petitioners shall not intimidate the witnesses or tamper with evidence. They shall co-operate with the investigation and shall be available for trial.

iv. The petitioners shall appear before the Investigating Officer as and when directed.

v. The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

vi. The petitioners shall not involve in any other offence during the currency of bail and any such event, if reported to came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.