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2013 Supreme(Online)(KER) 16116
HIGH COURT OF KERALA
P.S.GOPINATHAN, J
PRAVEEN GOPALAN – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./958/2013
SRI.P.A.MUJEEB
Bail may be granted even in serious offences if conditions ensure the accused's compliance and do not compromise the investigation.
Headnote:
Bail - Criminal Procedure - Prize Chits and Money Circulation Schemes Act - Sections 3, 4, 5, 6; IPC 420 - Summary: The court granted bail considering the lengthy detention of the accused, the amount involved, and imposed conditions for release under the applicable statutory framework.
Fact of the Case:
The first accused is in custody for offences related to the Prize Chits and Money Circulation Schemes Act and IPC. The bail applications were filed after significant sums were allegedly defrauded with only a portion returned.
Issues: Whether the petitioners could be granted bail under the circumstances despite the serious charges.
Ratio Decidendi: The court held that the lengthy incarceration and the conditions set for bail justified releasing the accused on bail, considering the need for a fair trial.
Final Decision: Bail granted to the petitioners with specific conditions.
O R D E R
The petitioner in B.A No.958/2013 is the 1st accused in Crime No.751/2012 of CBCID, Kozhikode (ECO Wing) for offences under Sections 3 , 4, 5 & 6 of the Prize Chits and Money Circulation Schemes (Banning) Act 1978 and 420 of IPC . He was arrested on 8.1.2013. Ever since he is in judicial custody.
2. The petitioners in the second bail application are accused Nos. 2 to 8 in the same crime. They moved a petition under Section 438 of Cr.P.C. While declining the relief sought for they were directed to surrender before the Investigating Officer. Accordingly, they were surrendered before the Investigating Officer on 8.2.2013. Ever since they are in custody. Now this petition seeking an order to release the petitioner on bail.
3. Having heard either side, I find that the defrauded amount is more than Rs.12 lakhs. It is alleged that a sum of Rs.3,90,000/- is returned. The balance amount is not so far recovered by the Investigating Officer. However, taking into account of the period of incarceration already undergone, I find that it would be appropriate to release the petitioners on bail on conditions.
4. In the result, these petitions are allowed and there would be an order directing the Chief Judicial Magistrate, Kozhikode to release the petitioners on bail on executing a bond for Rs.35,000/- (Rupees thirty five thousand only) with two solvent sureties each for the like amount to his satisfaction on the following conditions:
i) The petitioner in B.A No.958/2013 shall deposit Rs.1,00,000/- (Rupees one lakh only) before the Chief Judicial Magistrate Court, Kozhikode. The other petitioners shall deposit Rs.50,000/- (Rupees fifty thousand only) each. The deposit shall be made within one month. The amount so deposited shall be subject to the result of the prosecution.
ii) The petitioners shall report before the Investigating Officer at 10 am on every Tuesdays for a period of three months or till the final report is filed, whichever event occurs first.
iii) The petitioners shall not make any promise, threat or inducement to any person, who is likely to be acquainted with the facts of the case so as to dissuade him from disclosing such facts known to him to the Investigating Officer or to the Court.
iv) The petitioners shall not involve in any other crime. In the event, the petitioners fail to comply with any of the conditions, this order granting bail would stand cancelled and that they would surrender before the trial court. In the event, the petitioners fail to surrender before the Court, the Investigating Officer shall arrest and produce the petitioners before the trial court.
P.S.GOPINATHAN Judge ab
