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Judgment
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail.
The applicants are the accused Nos.1 and 2 in Crime No.629/2026 of Guruvayur Police Station, Thrissur District. The offences alleged are punishable under Sections 406 and 420 r/w 34 of the Indian Penal Code, 1860
The prosecution case, in short, is that the applicants along with the accused No.3, in furtherance of their common intention to cheat the defacto complainant, by giving a false promise that the accused persons would construct a VVIP villa for an amount of Rs.55,00,000/- in the property situated at Kandanassery Munimada, owned by Shantimadam Builders and Developers Trust, collected the said amount from the defacto complainant from 15.02.2009 to 02.07.2010 through bank transactions on various occasions. But, the accused persons did not construct villa or return the amount collected from the defacto complainant and thereby the applicants committed the offences.
I have heard Sri. V.A.Pradeep Kumar, the learned counsel for the applicants and Sri.Thomas Sabu Vadakekut, the learned Public Prosecutor. Perused the case diary.
The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and if they are released on bail at this stage, it will affect the course of the investigation.
The alleged agreement for construction of the villa was executed in the year 2009. The amount has been paid in the year 2010. The crime was registered after the lapse of 16 years. That apart, it appears that the dispute is of a civil nature. Considering the allegations made against the applicants, their custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicants.
In the result, the application is allowed on the following conditions:-
The applicants shall be released on bail in the event of their arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.
The applicants shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for discovery, if any, as and when demanded.
The applicants shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. They shall also appear before the investigating officer as and when required.
The applicants shall not commit any offence of a like nature while on bail.
The applicants shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
The applicants shall not leave the State of Kerala without the permission of the trial Court.
The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.