A bail application under Section 439 can be granted based on the nature of the crime, existing judicial custody, and the submission of adequate conditions to safeguard the investigation process.

ORDER

This application is filed under Section 439 of the Code of Criminal Procedure, 1973 , seeking regular bail.

2. The petitioner is the accused in Crime No. 883/2023 of Pathanamthitta Police Station, which was registered for offences punishable under section 420 of the Indian Penal Code.

3. The prosecution case is that the accused with an intention to make unlawful gain made the defacto complainant believe that he could arrange a job for him as T.T.R with the Indian Railway for consideration, and believing his words the informant was made to transfer an amount of Rs.60,000/- to the bank account of the second accused with the Andhra bank, Kaloor Branch, but neither the job was arranged nor the money was transferred, and thereby, committed the aforementioned offences.

4. The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.

5. Learned counsel for the petitioner submits that though there are other crimes registered against the petitioner, he is enlarged on bail in most of the cases, and in this case, he has been in judicial custody since 24/7/2023. He prays that the chargesheet has already been filed and therefore continued detention is not necessary.

6. The learned Prosecutor opposing the bail application submits that there are several similar crimes registered against the petitioner for having cheated people offering jobs in the railways, Army etc. and there is every likelihood of him absconding if he is released on bail. It is also argued that the petitioner has taken money in the instant case from the defacto complainant to provide a job for her son.

7. Having considered the rival submissions and the fact that in most of the cases, the petitioner has been granted bail, the final report has already been filed, taking into account the petitioner's submission that he will attempt to settle all the issues once he is released on bail, I am inclined to grant bail to the petitioner on strict conditions:

(i) The petitioner shall be released on bail on executing a separate bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction; one of the sureties shall be a parent or close relative of the petitioner.

(ii)The petitioner shall report before the Investigating Officer on every alternate Monday between 9 a.m. and 10 a.m. for three months.

(iii) The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence or do anything that might adversely affect the trial;

(iv)The petitioner shall also cooperate 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 to dissuade them from disclosing such facts to the court or the police officer.

(v)The petitioner shall not commit any offence while on bail;

(vi)The petitioner shall not leave the State of Kerala or the Country without the prior permission of the Court concerned;

(vii) The petitioner shall surrender his passport, if any, within seven days from the date of his release before the Court concerned and if the release of the passport is required at a later period, the petitioner shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If he has no passport, he shall file an affidavit to that effect before the court concerned, on the date of execution of the bond or within three days thereafter.

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

It is made clear that it is within the power of police to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioners, even when the petitioners are on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. Stat