Point of Law : Grant of bail – Intention to cheat – Recovery of ornaments – Considering Period of detention.

ORDER :

Application for regular bail.

The petitioner is the accused in Crime No.371/2021 of Varkala Police Station registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

2. The petitioner has been in custody since 08.02.2021.

3. The prosecution allegation is that the petitioner and the defacto complainant are friends. He got acquaintance with her through 'Instagram'. He then with the intention to cheat the defacto complainant, received 6 sovereigns of gold ornaments from her and also her ATM card. Then he dishonestly withdrew an amount of Rs.15,000 from her account and thereby committed the aforesaid offences.

4. The learned counsel for the petitioner would submit that the petitioner is a young boy aged only 21 years. He has not committed any offence as alleged by the prosecution. But in fact, the defacto complainant has handed over her gold ornaments so as to pledge the same and collected money for her to purchase luxurious items such as camera, costly dress and other things. But he has never received her gold ornaments with the intention to cheat her. But he is undergoing incarceration for the last more than 50 days, hence this application.

5. According to the learned Public Prosecutor the gold ornaments were received by him with the intention to cheat the defacto complainant and hence recovery had been effected subsequently from a shop, where he had sold the gold ornaments. Now the investigation of the case is well in progress.

6. Considering the period of detention undergone by the petitioner in custody as well the present stage of the investigation, I am inclined to release him on bail subject to the following conditions:

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner 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 or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.