Kerala High Court
Ajay Sahu vs Sub Inspector Of Police on 8 January, 2018
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 8TH DAY OF JANUARY 2018 / 18TH POUSHA, 1939
Bail Appl..No. 8866 of 2017
CRIME NO.1438/2017 OF THRISSUR TOWN EAST POLICE STATION, THRISSUR DISTRICT.
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PETITIONER/3RD ACCUSED:
AJAY SAHU, AGED 27 YEARS,
S/O.LATE PURANMAL SAHU,
NEWVARDHAMAN NAGAR,
SECTOR 12 UDHAYOUR, RAJASTHAN.
BY ADVS.SRI.BABU CHERUKARA
SRI.BABY P. ANTONY
RESPONDENT(S)/COMPLAINANT:
1. SUB INSPECTOR OF POLICE,
THRISSUR TOWN EAST POLICE STATION,
THRISSUR DISTRICT, PIN - 682 018.
2. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, COCHIN, PIN-682 031.
BY PUBLIC PROSECUTOR SRI.SAJJU.S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 08-01-2018, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
mbr/
RAJA VIJAYARAGHAVAN V, J.
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B.A.No.8866 of 2017
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Dated this the 8th day of January, 2018
ORDER
1.This petition is filed under Section 439 of the Code of Criminal Procedure.
2.The petitioner herein is the 3rd accused in Crime No.1438 of 2017 of Thrissur Town East Police Station, registered alleging offence punishable under Section 420 of the IPC and Section 66(D) of the Information Technology Act.
3.The de facto complainant is the Managing Partner of Thomson Granites and Thomson Tyres. The said concern maintains accounts at the East Fort Branch of Catholic Syrian Bank, Thrissur. A sum of Rs.6 lakhs was transferred from the establishment of the petitioner on 7.08.2017 and 8.8.2017 by sending spoof e- mails to the Catholic Syrian Bank, East Fort Branch. Investigation revealed the complicity of the petitioner and two others. The petitioner was arrested on 30.9.2017 and he is now in judicial custody. B.A.No. 8866 of 2017 2
4. The learned counsel submits that more than 60 days have elapsed from the date of remand of the petitioner. The final report has not been filed till date. According to the learned counsel, the petitioner is prepared to offer bail and he prays for his release.
5.The learned Public Prosecutor has opposed the prayer and submits that the investigation is in the early stages and some of the accused are yet to be arrested. The Crime was committed in an ingenious manner by hacking computers and submits that the release of the petitioner will adversely affect the investigation. It is further submitted that the accused is from a different State and if he is released, there is every reason to suspect that he would make himself scarce.
6.The learned counsel appearing for the petitioner submits that the petitioner shall make sure that the sureties shall be from the State of Kerala and he shall also not leave the State before the filing of the final report. It is submitted that the petitioner shall cooperate with the investigation and shall appear as and when directed.
B.A.No. 8866 of 2017 3
7.I have considered the submissions advanced. In the facts and circumstances, I find no reason to refuse bail to the petitioner as his right is indefeasible. However, to safeguard the interest of the prosecution, certain conditions are to be imposed.
8.In the result, this petition is allowed. However, it shall be subject to the following conditions.
1). The petitioner shall be released on bail on his 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. One of the sureties shall be a resident of the State of Kerala.
2). The petitioner shall appear before the Investigating Officer on all Saturdays between
9 a.m. and 11 a.m., for 2 months or till final report is filed, whichever is earlier.
3).The petitioner shall not leave the State of Kerala till the final report is filed.
4)The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
5). The petitioner shall not commit any offence while he is on bail.
6). The petitioner shall surrender his passport before the court below or if he does not have one, he shall file an affidavit to that effect B.A.No. 8866 of 2017 4 within five days of his release. Application for release of the passport, if any, shall be considered by the Trial court at the appropriate stage.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE //TRUE COPY// P.A. TO JUDGE IAP