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Judgment
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail.
The applicant is the accused No.1 in Crime No.327/2026 of Pantheerankavu Police Station, Kozhikode District. The offence alleged is punishable under Section 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that the accused persons, who were conducting an institution named FLYGEN OVERSEAS PVT LTD at the Hilite Mall, Palazhi, induced the defacto complainant and his friend that they will arrange job visas for them in Poland and, during the period from 17.05.2024, collected a huge sum of money from them. The defacto complainant had given Rs.3,40,000/- and his friend had given Rs.3,00,000/- by way of account transfer to the accounts of the accused on various occasions. After receiving the said sum of money, the accused failed to arrange visa as promised, also failed to return the money and thereby committed the aforesaid offence.
I have heard Sri.Johnson Gomez, the learned counsel for the applicant and Smt.Aneeda Beegum, the learned Senior Public Prosecutor. Perused the case diary.
The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.
The applicant is admittedly an employee of FLYGEN OVERSEAS PVT LTD. The accused Nos.2 and 3 are its owners. According to the applicant, he did not receive any money from the defacto complainant or his friend, whereas in the FIS, the defacto complainant has stated that a total sum of Rs.3,40,000/- was remitted to the personal account of the applicant at the State Bank of India bearing account No.38417347542. However, the bank account statement of the applicant produced by him would show that he has not received any money from the defacto complainant or his friend after 17.05.2024. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant.
In the result, the application is allowed on the following conditions:-
The applicant shall be released on bail in the event of his arrest 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 arresting officer/investigating officer, as the case may be.
The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.
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.
The applicant shall not commit any offence of a like nature while on bail.
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.
The applicant 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.