Krishnakumar vs State Of Kerala

Gopinath P.

This is an application for regular bail.

The petitioner is the 1st accused in Crime No.5144 of 2020 of Nedumangad Police Station, Thiruvananthapuram District, alleging commission of offences under Sections 406 and 420 read with Section 34 of the Indian Penal Code. The petitioner is stated to be the Secretary of an organization known as “Kerala Vyapari Vyavasayi Ekopana Samiti” Nedumangad Unit. It is submitted that a “Paraspara Sahaya Nidhi” was also working under the aforesaid Samiti and a chitty was conducted. It is submitted that according to the de-facto complainant, he was a subscriber to the chitty and had remitted a sum of Rs.95,000/- as daily collection and when the amount was due to be repaid, the amount was not so repaid and thereby the petitioner and the other accused committed the aforesaid offences.

The learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that even going by the contents in the First Information Statement, the amount was collected by the 5th accused. It is submitted that the petitioner, as the Secretary of the Samiti had no direct role in the matter. It is submitted that the petitioner was arrested on 10.02.2022. It is also submitted that at any rate, the continued detention of the petitioner is not necessary for the purpose of any investigation.

Heard the learned Public Prosecutor also. The learned Public Prosecutor points out that there is one other case registered alleging commission of similar offence by the petitioner. It is submitted that the matter is under investigation and that if the petitioner is released on bail, there is every chance of material witnesses being influenced in the matter.

Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioner, I am of the view that his continued detention is not necessary for the purpose of investigation. Sufficient conditions can be incorporated to ensure that the petitioner does not influence or intimidate any witness in the case.

In the result, this bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(1) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;

(2) Petitioner shall report before the investigating officer in Crime No.5144 of 2020 of Nedumangad Police Station, Thiruvananthapuram District, on every Saturday (excluding 26.02.2022) at 11.00AM till 30.04.2022 and thereafter whenever called upon to do so;

(3) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate de-facto complainant or any witness in Crime No.5144 of 2020 of Nedumangad Police Station, Thiruvananthapuram District;

(4) 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.5144 of 2020 of Nedumangad Police Station, Thiruvananthapuram District, may file an application before the Jurisdictional Court for cancellation of bail.