Venu vs State Of Kerala

Mohammed Nias C.P., J

Apprehending arrest in Crime No.1378/2023 of Central Police Station, Ernakulam, registered for offences punishable under Sections 465, 468 and 471 of the Indian Penal Code, the accused filed this application under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail.

The prosecution case, as stated in FIS, is that the petitioner accused, due to enmity with the defacto complainant (on account of dismissal of the petitioner from Kerala Kaumudi Daily News), distributed a fake letter of the defacto complainant to the agents of the daily news in Ernakulam informed them that they need to pay the monthly subscription amount of the daily news only after deducting a sum of Rs.1000/- as 'Vishu Kaineettam', and thus committed the aforesaid offences.

I have considered the rival contentions.

It is seen that this Court had granted an interim order dated 11/9/2023, at the time of admission of this case, directing the petitioner to surrender before the Investigating Officer within a week from the date of the order subjecting himself to interrogation; that, after interrogation, in the event of arrest, the petitioner shall be released on bail upon their executing separate bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer and that, the said order shall be in force for a period of four weeks.

The learned counsel on either side submits that pursuant to the above order, the petitioner has appeared before the Investigating Officer as directed and has been released on bail.

In such circumstances, I am inclined to pass an order making the earlier interim order absolute, subject to the following conditions:

The petitioner shall cooperate with the Investigating Officer and shall appear as and when directed by the Investigating Officer.

The petitioner shall not intimidate or attempt to influence the witnesses, tamper with any evidence, or get involved in similar offences while on bail.

The petitioner shall not leave India without permission of the jurisdictional court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.