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Judgment
P.G. Ajithkumar, J
This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973.
The petitioner is the accused in Crime No. 2761/2023 of Kalamassery Police Station. He allegedly had committed the offences punishable under Section 420 of the IPC and Sections 10 r/w 24 of Emigration Act, 1983.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
The prosecution allegation is that the accused has no authorisation for manpower recruitment for overseas employment. Suppressing the same the accused, dishonestly obtained Rs.95,000/- from one Nighinraj and Maneesha mohan who are the alleged victim, by promising job in various countries and thus committed the offences.
The petitioner has been in judicial custody since 15/12/2023. Going by the proviso Section 167(2) of the Code, the petitioner is entitled to get statutory bail. Hence, the bail application is allowed and the petitioner is granted bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the learned Magistrate, subject to the following conditions:
(i) He shall not influence or intimidate witnesses or tamper with evidence;
(ii) He shall appear before the investigating officer as and when called for; and
(iii) During the bail period, he shall not get involved in any offence.
In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.
