Kerala High Court
Shan Idikkula Jacob @ Shan Jacob vs State Of Kerala on 26 December, 2014
Author: K. Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY, THE 26TH DAY OF DECEMBER 2014/5TH POUSHA, 1936
Bail Appl..No. 9053 of 2014 ()
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CRIME NO. 952/2014 OF NADAKKAVU POLICE STATION ,KOZHIKODE DISTRICT
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PETITIONER/ACCUSED:
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SHAN IDIKKULA JACOB @ SHAN JACOB, AGED 27 YEARS,
S/O.JACOB IDIKKULA, MAMOOTTIL HOUSE, KARIKKUZHI P.O.,
ARTISSERY, NEERETTUPURAM, ALAPPUZHA.
BY ADV. SRI.S.MUHAMMED HANEEFF
RESPONDENT/COMPLAINANT:
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STATE OF KERALA,
REP. BY SUB INSPECTOR OF POLICE,
NADAKKAVU POLICE STATION, (CR.NO.952/14), NADAKKAVU,
KOZHIKODE DISTRICT, REP THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SRI.N.SURESH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 26-12-2014, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
sts
K. RAMAKRISHNAN, J.
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B.A.No.9053 of 2014
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Dated this the 26th day of December, 2014.
O R D E R
This is an application filed by the sole accused in Crime No.952/2014 of Nadakkavu police station of Kozhikode District for regular bail under Section 439 of the Code of Criminal Procedure.
2. The case of the prosecution in nutshell was that the accused had induced the de facto complainant to part with Rs.77,500/- and made him to deposit in the account of the accused as well as one Dolly Joseph in Axis Bank on 08.04.2014 and on subsequent dates on the promise of obtaining a job and thereafter, he had failed to obtain the job as promised and did not pay the amount and thereby, he had committed the offence punishable under Sections 420 and 406 of Indian Penal Code.
3. The counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same and even as per the allegations, it is not a case of not providing any job, but, he was not provided with the job promised and he is prepared to deposit the amount said to B.A.No.9053 of 2014 : 2 : have been obtained from the de facto complainant as a condition for granting bail also. He is in jail from 12.12.2014 onwards.
4. The application was opposed by the Public Prosecutor on the ground that the investigation is not over.
5. Heard both sides and perused the records.
6. It is seen from the First Information Statement that the case was registered on the basis of the statement given by the de facto complainant alleging commission of the above said offences. The allegation was that he was promised to provide a better job and he was taken and made to attend an interview, but, later, it was revealed that such a job was not available in that company and thereafter, he promised to provide another job in Chennai in some other concern, but, thereafter, he did not fulfill the promise nor had he returned the amount. He was arrested on 12.12.2014 and he is in jail from that day onwards. There is no allegation either in the order of the lower court or made by the Public Prosecutor that he had involved in any other crime of similar nature. Considering the submission made by the Counsel for the petitioner that he is prepared to deposit the amount alleged to B.A.No.9053 of 2014 : 3 : have been misappropriated as a condition for granting bail and also considering the nature of allegations, this court feels that further custody of the petitioner is not required in connection with the investigation and he can be released on bail with some stringent conditions. So, the application is allowed with following conditions:
i. The petitioner shall be released on bail on executing a bond for Rs.50,000/- with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court, No-IV, Kozhikode and on further condition that he shall deposit Rs.77,500/- being the amount said to have been misappropriated on the date of execution of the bond itself before that court and the amount can be released only after termination of the proceedings.
ii. The petitioner shall appear before the investigating officer on the last Saturday of every month between 9 a.m and 10 a.m till the final report is filed.
iii. The petitioner shall appear before the investigating officer for the purpose of interrogation in connection with the above crime as and when required in writing to do so till the final report is filed.
B.A.No.9053 of 2014 : 4 :
iv. The petitioner shall surrender his passport if any before the Judicial First Class Magistrate Court, No-IV, Kozhikode within one week from the date of his surrender and if he is not having any passport, then, file an affidavit to that effect before that court within the above time.
v. The petitioner shall not intimidate or influence the witnesses.
vi. The petitioner shall not involve in any other crime of similar nature during bail period.
vii. The petitioner shall not leave State of Kerala without getting prior permission from the Judicial Magistrate Court,No-IV, Kozhikode till the disposal of the case.
With the above conditions, this application is allowed.
Sd/-
K. RAMAKRISHNAN, JUDGE.
Bb [True copy] P.A to Judge