Jayaraj v. State of Kerala, Represented By Public Prosecutor
2025-04-25
JOBIN SEBASTIAN
body2025
DigiLaw.ai
ORDER : Jobin Sebastian, J. This petition seeking regular bail has been filed by the sole accused in Crime No.417/2025 of Chengannoor Police Station registered alleging commission of offence punishable under Section 318 (4) of the Bharatiya Nyaya Sanhita , 2023. 2. The case of the prosecution is that, the accused, with an intention to make unlawful gain to him and to make unlawful loss to the defacto complainant, made to believe the defacto complainant that he will help her to take over the loan which she availed from Kerala Bank, Kidangannur Branch, by State Bank of India, Tiruvalla Branch. Under the said promise, the accused obtained around Rs.2 lakhs and gold ornaments weighing half sovereigns from the defacto complainant. After obtaining the said amount and the gold ornaments, the accused did not keep his words and no steps were taken by him to facilitate the taking over of the loan availed by the defacto complainant from Kerala Bank, Kidangannur Branch. Hence the accused is alleged to have committed the offence mentioned above. 3. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. 4. The learned counsel for the petitioner would submit that the allegation against the petitioner is absolutely false. According to the counsel, the real nature of transactions were suppressed by the prosecution and the present case is foisted by the Police at the instigation of the defacto complainant. According to the counsel, the defacto complainant owed a huge amount to the petitioner and as agreed the defacto complainant made repayment by installments through her account to the account of the petitioner. According to the counsel, suppressing the said transaction and using the materials in the said transaction, the present case has been foisted by the defacto complainant. Per contra, the learned Public Prosecutor opposed the application. 5. The allegation that the petitioner grabbed around Rs.2 lakhs and gold ornaments weighing half sovereigns from the defacto complainant cannot be viewed lightly. A perusal of the records reveals that the accusation against the petitioner is prima facie well-founded. Anyhow the petitioner was arrested in this case on 05.04.2025. As evident from the records, the bank transaction details of the accused as well as that of the defacto complainant were already collected as part of the investigation.
A perusal of the records reveals that the accusation against the petitioner is prima facie well-founded. Anyhow the petitioner was arrested in this case on 05.04.2025. As evident from the records, the bank transaction details of the accused as well as that of the defacto complainant were already collected as part of the investigation. The witnesses acquainted with the facts and circumstances of this case were also interrogated and their statements have been recorded. In short, the investigation in this case appears to have progressed substantially and is on the verge of completion. Therefore further judicial incarceration of the petitioner would not save any purpose. Though it is true that the petitioner is reportedly involved in three other cases, those cases are of the year 2020. Hence considering the days of detention already undergone by the petitioner and the stage of investigation, I am inclined to grant bail to the petitioner on stringent conditions. In the result, this petition is allowed and bail is granted to the petitioner on following conditions: 1. The petitioner shall execute a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court. 2. The petitioner shall appear before the Investigating Officer on every Monday between 10 a.m. and 11 a.m. for a period of three months or until the final report is filed, whichever occurs first. 3. The petitioner shall co-operate with the investigation and shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. 4. Petitioner shall not leave India without permission of the jurisdictional Court. 5. Petitioner shall not commit any offence while on bail. 6. If the petitioner violates any of the above conditions, the investigating officer is at liberty to file appropriate application for cancellation of bail before the jurisdictional court and if such an application is filed the jurisdictional court can pass appropriate orders irrespective of the fact that this order is passed by this Court.