Rashid P.R vs. State Of Kerala

The petitioners are accused Nos. 1 and 2 in Crime No. 341 of 2019 of Valancherry Police Station registered for the offences punishable under Sections 419, 420, 468, 471 read with Section 34 of the Indian Penal Code.

The petitioners are in custody since 20.12.2019. 4. The prosecution allegation is that, the petitioners, along with the other accused, had committed forgery by falsely creating GST account for cheating in the name of the defacto complainant and opened a Bank Account with the dishonest intention and conducted business transactions to the tune of Rs. 22 Crores through the account of the defacto complainant in order to have unlawful gain and thus cheated the defacto complainant as well the Government.

The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the case.

The learned Public Prosecutor has submitted that the investigation of the case has not completed.

Considering the fact that the petitioners are in custody since 20.12.2019 and that the investigation of the case has not been completed, I am constrained to grant bail to the petitioners. Therefore, this application is allowed subject to the following conditions: (i) The petitioners shall be released on bail on each of them executing a bond for a sum of Rs.5,00,000/- (Rupees five lakhs only) with two solvent sureties for the like sum each to the satisfaction of the court having juri iction. The petitioners shall appear before the Investigating Officer for interrogation as and when required by him, in writing. (iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise 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. (iv) The petitioners shall not commit any offence while on bail.