Bail granted considering investigation stage, previous bail, and conditions imposed.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR TUESDAY, THE 31^ST DAY OF DECEMBER 2024 / 10TH POUSHA, 1946 BAIL APPL. NO. 11080 OF 2024 CRIME NO.424/2024 OF Chittar Police Station, Pathanamthitta PETITIONERS/ACCUSED 1 & 2:

1 DOLSEY JOSEPHINE SAJU AGED 52 YEARS D/O BABY JAMES, HOUSE NO. D26, ANAMALA HOUSE, LAKSHMI NAGAR, PATTOM, PATTOM.P.O.

THIRUVANANTHAPURAM, PIN - 695004

2 ROHIT SAJU AGED 29 YEARS S/O SAJU SIMON HOUSE NO. D26, ANAMALA HOUSE, LAKSHMI NAGAR, PATTOM, PATTOM.P.O.

THIRUVANANTHAPURAM, PIN - 695004 BY ADV P.BIJIMON RESPONDENT/COMPLAINANT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM, PIN - 682031 BY ADVS.

NIMA JACOB (PP)

SREEJA V. (SR. PP)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

31.12.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P. KRISHNA KUMAR, J.

--------------------------

Bail Appl. No. 11080 of 2024 -------------------------

Dated this the 31^st day of December, 2024

ORDER

This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

2. Petitioners are the 1^st and 2^nd accused in Crime No.424/2024 of Chittar Police Station. The above case is registered against the petitioners alleging offence punishable under Sections 318(4) and 3(5) of BNS, 2023.

3. The prosecution case is that, the petitioners on promise of arranging job visa in Canada had received a total sum of Rs.5,50,000/- on different occasions from the defacto complainant during 13.02.2023 to 11.03.2023 and they failed to arrange the visa and, thereby cheated him and accordingly committed the said offences.

4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

5. The learned counsel for the petitioners submitted that the petitioners are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the petitioners with the alleged crime; hence they are entitled to get bail. The learned Counsel for the petitioners further submit that, though the petitioners are involved in 25 cases, the real fact is that the petitioners who are running a regular and bonafide business in imigration processing were suddenly prevented from processing the applications due to the strained relationship between India and Canada, that they would have arranged the visa in the due course, had the said incident did not happen. It is also submitted that the petitioners were already released on bail in most of the other cases.

6. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the petitioners, and they are not entitled to bail at this stage.

7. The petitioners were arrested on 01.10.2024.

The investigating agency had the opportunity to take the petitioners in police custody. From the submission of both sides, it appears that the investigation of the case is now in an advanced stage. The investigating agency did not show any acceptable reasons for justifying further detention of the petitioner. Though the allegation against the petitioners is grave in nature, considering the fact that they were the Directors of a private limited company engaged in the business of arranging visa to Canada and that they were already given bail in many other cases, I do not find any reason to detain them further. The anxiety expressed by the learned Public Prosecutor that the accused would interfere with the process of investigation if released on bail, can be addressed by imposing suitable conditions.

8. Having considered the entire circumstances, including the stage of the investigation and the tenure of judicial custody undergone by the petitioners in the touchstone of the well settled principles relating to bail, it is only just and proper to release the petitioners on bail.

9. In the result, the application is allowed on the following conditions:

i. The petitioners shall be released on bai