The court's decision to grant bail was based on the completion of investigation, recovery of assets, and the petitioner's prolonged judicial custody.

O R D E R

The application is filed under Section 439 of the Code of Criminal Procedure, 1973 , by the first accused in crime No.1715/2023 of the Peroorkada Police Station, Thiruvananthapuram, registered against the accused (three in number), for allegedly committing the offences punishable under Secs.408 and 420 r/w. S. 34 of the Indian Penal Code.

The petitioner was arrested on 14.01.2024.

2. The gist of the prosecution case is that: the first accused while he was working as Sales Executive of an establishment named Travancore Tubes at Peroorkada, Thiruvananthapuram with an intention to make unlawful gain and in further of his common intention with accused 2 and 3, misappropriated Rs.8,36,358/- and caused loss to the defacto complainant. Thus, the accused have committed the above offences.

3. Heard; Sri.Mohan Lal B., the learned counsel appearing for the petitioner and Sri.C.S.Hrithwik, the learned Public Prosecutor appearing for the respondents. 4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. The petitioner has been falsely implicated in the crime. The petitioner has been in judicial custody since 14.01.2024, which is more than 34 days. The investigation in the case is practically complete and recovery has been effected. The petitioner is willing to abide by any stringent condition that may be imposed by this Court.

Hence, the application may be allowed.

5. The learned Public Prosecutor opposed the application. He contended that the investigation in the case is not complete. Nonetheless, he conceded to the fact the recovery has been effected and the petitioner has been in judicial custody since 14.01.2024.

6. After bestowing my anxious consideration to the facts, materials placed on record and the rival submissions made across the Bar and taking into account the fact that the petitioner has been in judicial custody since 14.01.2024, the investigation in the case is practically complete and the recovery has been effected, I am of the view that the petitioner’s continued detention is unnecessary. Hence, I am inclined to allow the bail application.

In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and

11 a.m for a period of one month or till the final report is laid, whichever is earlier. He shall also appear before the Investigating Officer as and when required;

(ii)The petitioner shall not directly or indirectly make any inducement, threat or procure 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 in any manner, whatsoever;

(iii)The petitioner shall not commit any offence while he is on bail;

(iv)The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v)The petitioner shall furnish his present address and permanent address, and his mobile phone number to the court below and the Investigating Officer;

(vi)In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(vii) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below.

(viii)Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries o