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Judgment
Viju Abraham, J
This is an application for regular bail.
The petitioner is the 1st accused in Crime No 1162/2020 of the Balussery Police Station, Kozhikode District, alleging commission of offence punishable under Section 420 of IPC.
The prosecution allegation is that accused made believe the defacto complainant on August 2020 that he would arrange a job at Kozhikkode Airport with a monthly salary of Rs.40,000/- and obtained Rs 2 lakhs each from his informant and his five friends. Accused failed to arrange the same and refund the amount back and thereby the accused has committed the aforesaid offence.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the aforesaid crime and he was arrested on 21.07.2022 and further that he has no other criminal antecedents.
The learned Public Prosecutor opposed the application for bail but submitted that the petitioner is not involved in any other crime.
When the matter was taken up for consideration on 14.09.2022, this court has granted interim bail to the petitioner. Notice was ordered to the defacto complainant through SHO, Kozhikode and notice has been served but there is no appearance for the defacto complainant.
Considering the facts and circumstances of the case and taking into consideration the fact that the petitioner has no other other criminal antecedents, I am of the opinion that the interim bail granted to the petitioner can be made absolute with the following additional conditions. In the result, the bail application is allowed, subject to the following additional conditions:
(I) Petitioner shall appear before the investigating officer in Crime No 1162/2020 of the Balussery Police Station, Kozhikkode District, on every Saturday at 11 am, until filing of final report;
If any of the aforesaid conditions are violated, the investigating officer in Crime No 1162/2020 of the Balussery Police Station, Kozhikkode District, may file an application before the jurisdictional court, for cancellation of bail.