Narayanan vs. State Of Kerala

The petitioner is the third accused in the case registered as Crime No.535/2017 of the Kaliyar police station under Sections 468, 471 and 406 read with 34 I.P.C.

The prosecution case is as follows: The de facto complainant is the owner of an establishment by name Malanadu Distributors. The first accused purchased cardamom worth Rs.14,17,500/- from the de facto complainant. On delivery of the consignment, the first accused issued a cheque for the amount in the name of the de facto complainant but it was dishonoured for the reason that there was no sufficient amount in the account of the first accused. It is alleged that the company conducted by the first accused had no GST registration. But the first accused had forged documents showing that his company had such registration and entered into the transaction with the de facto complainant and thereby cheated him. It is stated that the second and the third accused were present along with the first accused at the time when the consigned goods were shifted.

Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the case diary.

Nowhere in the first information statement given to the police by the de facto complainant there is an allegation that the petitioner, the third accused in the case, had any role in the transaction between him and the first accused. The report of the Investigating Officer is that it is revealed that the petitioner was present along with the other accused when the consigned goods were shifted to another place and on this basis he has been made an accused in the case. The report of the Investigating Officer does not reveal any specific allegation made against the petitioner that he cheated the de facto complainant or committed any act of forgery. In these circumstances, I am inclined to grant the benefit of pre-arrest bail to the petitioner. The prosecution has an apprehension that on getting bail, the petitioner would abscond like the first accused who has absconded after getting bail. Appropriate conditions can be imposed to prevent such a contingency. In the result, the petition is allowed and it is ordered as follows: 1) The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties each for the like amount in the event of his arrest by the police in Crime No. 535/2017 of Kaliyar Police Station. 2) The petitioner shall appear before the investigating officer between 9 a.m and 11 a.m on all Saturdays from the date of his release on bail till final report is filed in the case. 3) The petitioner shall produce his passport in the Magistrate's Court / juri ictional court concerned within three days from the date of his release on bail. If he has no passport, he shall file an affidavit to that effect in that court within that period.