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Judgment
Dr. Kauser Edappagath, J
This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.
The applicant is the accused in Crime No.81/2023 of Peramangalam Police Station. The offences alleged are punishable under Sections 406 and 420 of IPC and Sections 3 r/w 21, 5 r/w 23 of Banning of Un-Regulated Deposit Schemes Act, 2019.
The prosecution case, in short, is that the applicant who is the Chairman & Director of Safe and Strong Business Consultancy Nidhi Ltd., with an intention to cheat the de facto complainant, obtained Rs.1,00,000/- from the de facto complainant promising that he will return the amount with interest and failed to return the above said amount. Thus, the applicant is alleged to have committed the above said offences.
I have heard Sri.P.Martin Jose, the learned counsel for the applicant and Sri.M.P.Prasanth, the learned Public Prosecutor. Perused the case diary.
The learned Public Prosecutor submitted that the date of formal arrest of the applicant is on 28.01.2023. Even though 60 days have been elapsed, no final report has been filed. Hence, the applicant is entitled for statutory bail.
In the result, the application is allowed on the following conditions: -
(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
(ii) The applicant shall fully co-operate with the investigation.
(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.
(iv) The applicant shall not commit any offence of a like nature while on bail.
(v) The applicant 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.
(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.