HIGH COURT OF KERALA
VIJU ABRAHAM, J
NADIR – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./7371/2022
Bail - Criminal Offenses - IPC Sections 471, 465, 468, 420, 34 - The court granted bail to the petitioner, considering their custody duration and set stringent conditions to ensure cooperation with the investigation.
Fact of the Case:
The petitioner, as the 2nd accused in a case alleging forgery and fraud to obtain a loan, has been in custody since September 5, 2022. The prosecution alleges use of forged documents to defraud a financial institution.
Finding of the Court:
The court decided to grant bail taking into account the petitioner's custody duration, but imposed conditions to ensure compliance with investigative processes and prevent interference with the case.
Issues: Whether the petitioner should be granted bail despite the serious nature of the charges, given their prolonged detention and potential compliance with conditions.
Ratio Decidendi: Bail can be granted even in serious offenses if the accused is in custody for a lengthy period, provided they fulfill certain stringent conditions set by the court.
Final Decision: Bail granted under stringent conditions.
O R D E R
This is an application for Regular Bail.
2. The petitioner is the 2nd accused in Crime No.500/2022 of Thamarassery Police Station, Kozhikode alleging commission of offences punishable under Sections 471 , 465, 468, 420 and Section 34 of the IPC .
3. The prosecution allegation is that, the accused with an intention to commit cheating, forged the signature and seal of Kattippara Village Officer and used it as genuine and availed loan from KSFE, Engapuzha by using the forged documents and thereby committed the above said crime.
4. The learned counsel for the petitioner submitted that the petitioner is in custody from 05.09.2022 onwards.
5. The learned Public Prosecutor seriously opposed the application for bail mainly contending that the petitioner has produced forged documents for availing loan from the KSFE and thereby defrauded the same.
6. Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is in custody from 05.09.2022, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent conditions: (i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;
(ii) Petitioner shall appear before the investigating officer in Crime No.500/2022 of Thamarassery Police Station, Kozhikode on every Saturday at 11 am, and co-operate with the investigation;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.500/2022 of Thamarassery Police Station, Kozhikode;
(iv) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.500/2022 of Thamarassery Police Station, Kozhikode may file an application before the jurisdictional court, for cancellation of bail.
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