Allowed

Febin P.Ibrahim v. State of Kerala

Kerala HC6 Mar 2023Bail Appl./852/2023

Case brief

AI extract

What is this about?

The High Court of Kerala granted regular bail to the accused, affirming that despite serious allegations of cheating and breach of trust, investigation was substantially complete and the accused was a first-time offender.

What did the court decide?

Petitioner enlarged on bail upon execution of personal bond for Rs.50,000 with two solvent sureties for Rs.50,000 each, subject to strict supervision conditions.

Febin P.Ibrahim Vs State of Kerala — Cheating and Forgery | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

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MONDAY, THE 6TH DAY OF MARCH 2023 / 15TH PHALGUNA, 1944
BAIL APPL. NO. 852 OF 2023

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CRIME NO.22/2023 OF PUTHENCRUZ POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT IN CMP 51/2023 OF JUDICIAL MAGISTRATE

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OF FIRST CLASS ,KOLENCHERRY

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CMP 39/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KOLENCHERRY
PETITIONER:

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FEBIN P.IBRAHIM
AGED 33 YEARS
S/O IBRAHIM, POTHUMMOOTTIL VEETTIL,
ADIVADU THEKKEKKAVALA BHAGAM, ADIVADU P.O,
PALLARIMANGALAM, KOTHAMANGALAM
ERNAKULUM DISTRICT., PIN - 686671
BY ADVS.
V.H.JASMINE
SHIJI P.S.
THASNIMOL T.S.

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RESPONDENT:

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STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM., PIN – 682031

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P.G.MANU, SR.PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 852 OF 2023

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ORDER

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Dated this the 6^th day of March, 2023

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This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure by the sole accused in crime No.22/2023 of Puthencruz police station where he alleged to have committed offences punishable under Sections 406, 408 and 420 of IPC.

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Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

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I have perused the petition averments and the report of the Investigating Officer

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The prosecution case is that the accused herein, who had been working as ‘Team Leader’ under the defacto complainant (who runs "True Value Shop of Sai Service, Kolenchery"), was authorised to sell cars at the instance of the defacto complainant, sold 6 cars without the knowledge or

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BAIL APPL. NO. 852 OF 2023

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authority of the defacto complainant and thereby misappropriated a total sum of Rs.11,35,000/- (Rupees eleven lakh thirty five thousand only) from the respective persons who purchased the cars and thereby committed breach of trust as well as cheating.

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It is pointed out by the learned counsel for the petitioner that the petitioner has been in custody from 09.01.2023 onwards and he was granted interim bail by the Magistrate Court as on 07.01.2023. Subsequently, when the police filed custody application, interim bail application was cancelled and he was remanded to judicial custody. According to the learned counsel for the petitioner, the petitioner has no criminal antecedents and the investigation requiring his presence is practically over, and therefore, he may be released on bail.

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It is submitted by the learned Public Prosecutor that the petitioner has no criminal antecedents. He also would

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BAIL APPL. NO. 852 OF 2023

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submit that out of 6 cars, 5 were recovered and even on tedious efforts, the 6^th car could not be located since the accused did not co-operate to get the same into custody.

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Going by the prosecution case, the allegations are

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very serious and the same are made out prima facie. It is shocking to note that even on the tedious attempts, one of the cars, yet to be recovered and the explanation of the Investigating Officer is that the same could not be traced out since the accused did not co-operate with the investigation.

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Even though recovery of one of the cars yet to be effected, the petitioner, who has been in custody from 09.01.2023, cannot be detained indefinitely, in a case, where investigation substantially completed and the petitioner’s status is that of a first time offender. Therefore, I am inclined to release the petitioner on bail.

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In the result, this petition stands allowed. The petitioner is enlarged on bail on the following conditions:

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BAIL APPL. NO. 852 OF 2023

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i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court concerned.

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ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

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iii. The petitioner shall appear before the Investigating Officer on every Monday between 9 am and 10 am for a period of one month. Further, he shall appear before the Investigating Officer as and when directed.

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iv. The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

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BAIL APPL. NO. 852 OF 2023

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v. The petitioner shall not involve or indulge in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same also shall be a reason to cancel the bail hereby granted.

Sd/-

A. BADHARUDEEN

JUDGE

nkr

BAIL APPL. NO. 852 OF 2023

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APPENDIX OF BAIL APPL. 852/2023

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PETITIONER ANNEXURES
Annexure 1THE TRUE COPY OF THE CMP NO. 39/2023
DATED 12/01/2023 BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT,
KOLENCHERY
Annexure 2FREE COPY OF THE ORDER DATED
19/01/2023 IN C.M.P. NO.51/2023 OF THE
COURT OF THE JUDICIAL MAGISTRATE FIRST
CLASS, KOLENCHERY

Febin P.Ibrahim v. State of Kerala

Case brief

What is this about?

What did the court decide?

Febin P.Ibrahim v. State of Kerala

Case brief

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What did the court decide?

What the court decided

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