Premchand vs State Of Kerala

Ziyad Rahman A.A., J

The petitioner is the 5th accused in Crime No.1591 of 2019 of Medical College Police Station, Thiruvananthapuram. The offences alleged against

him are offences punishable under Sections 403, 406, 417, 420, 506 read with Section 34 of IPC. The prosecution originally arrayed the petitioner as

the 5th accused on the allegation that the accused persons have induced the de facto complainant to mortgage his property for realization of an

amount covered by subscription of a chitty to the tune of Rs.30,00,000/-. Subsequently, the police removed three of the accused persons from the

party array and at the moment only two accused persons are there, wherein the petitioner herein is the 2nd accused. He was arrested on 18.07.2021.

Since then he is under judicial detention.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner contends that he is innocent of all the allegations and he was in fact a victim of the acts committed by the

other accused persons. He was induced by the other accused persons to take subscription of a chitty abandoned by one of the subscriber in the name

of the petitioner. On the other hand, the learned Public Prosecutor strongly opposed the application contending that the petitioner is also involved in

another case of similar nature and hence he seeks dismissal of the bail application.

It is true that the materials are connecting the petitioner to the incident. However, it is a fact that the petitioner is in judicial detention since

18.07.2021 and further incarceration of the petitioner may not be necessary for further investigation, as the investigation has proceeded considerably.

In such circumstances, the petitioner can be released on bail subject to stringent conditions. Accordingly, this bail application is allowed subject to

following conditions:

(i) The petitioner 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 petitioner shall fully co-operate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report. However, it is

made clear that, this requirement shall stand suspended during the period of lock down declared by the Government or any other competent authorities in this regard.

(iv) The petitioner shall also appear before the Investigating Officer as and when required by him.

(v) The petitioner shall not commit any offence of like nature while on bail.

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with

the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioner shall not leave State of Kerala without the permission of the trial Court.