Jethin G Jacob vs State Of Kerala
2023 Latest Caselaw 9690 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
    MONDAY, THE 11TH DAY OF SEPTEMBER 2023 / 20TH BHADRA, 1945
                       BAIL APPL. NO. 7372 OF 2023
 AGAINST THE ORDER/JUDGMENT CRMP 385/2023 OF JUDICIAL FIRST CLASS
                   MAGISTRATE COURT(TEMPORARY), PARAVUR
             CRIME NO.973/2023 OF PARAVUR POLICE STATION
PETITIONER/ACCUSED 1 AND 2:

    1       JETHIN G JACOB
            AGED 39 YEARS
            S/O JACOB,KANJIRAM VILAYAIL VEETIL,OLAYIL NAGAR
            102,KOLLAM WEST VILLAGE,THEVALLY KOLLAM, PIN - 691009
    2       MARY ANTONET@SWEETY
            AGED 34 YEARS
            D/O FLAVIA ROTRIDUICS,I.J DAIL VEETIL, KOLLAM WEST
            VILLAGE,THEVALLY KOLLAM, PIN - 691009
            BY ADVS.
            AJAYA KUMAR. G
            DILEEP S.
            KRISHNAPRIYA G.


RESPONDENT/S:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
            PIN - 682031
    2       STATION HOUSE OFFICER
            PARAVUR POLICE STATION,KOLLAM, PIN - 691301
            SMT. SREEJA V.,PP
     THIS   BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
11.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 7372 OF 2023               2



                                  ORDER

This is an application for regular bail.

2. Petitioners (who are are husband and wife), are the

accused in Crime No.973/2023 of Paravoor police station, Kollam

district, alleging commission of offence under Section 420 r/w.34

of the Indian Penal Code. They are stated to be running a travel

agency. Several crimes have been registered against them in

various police stations in Kollam district, alleging commission of

offences under Section 406 and 420 of the Indian Penal Code.

3. Allegations against the petitioners is that the petitioners

received money from the de facto complainant on the pretext of

arranging job visa for them in various countries.

4. Learned counsel appearing for the petitioners would

submit that initially two cases were registered against the

petitioners regarding the processing of visas for Netherlands and

Singapore. It is submitted that the petitioners were arrested in

these cases on 07.07.2023 and on account of their detention, they

could not process several of the other applications, which led to

registration of further crimes against them. It is submitted that

the petitioners are intending to settle all the disputes and for

settling the disputes, the petitioners have to be released on bail. It

is also submitted that further detention of the petitioners is not

necessary for the purpose of investigation into the crimes

registered against them.

5. Learned Public Prosecutor would submit that the

allegations against the petitioners are serious. It is submitted that

huge sums of money have been allegedly siphoned of by the

petitioners on the false promise of providing jobs to the respective

de facto complainants. It is submitted that in some of the cases

registered against the petitioners, final reports have already been

submitted while in others, investigation is progressing. It is

submitted that various cases registered against the petitioners are

on different dates and they have been formally arrested on

different cases, though they have been in custody from

07.07.2023.

6. Having heard the learned counsel appearing for the

petitioners and the learned Public Prosecutor, I am of the view

that the petitioners can be granted bail on stringent conditions. I

take note of the submission of the learned counsel appearing for

the petitioners that the petitioners intend to settle each and every

one of the claims. I also take note of the fact that though the

petitioners were formally arrested on various dates in different

crimes, they have been in custody from 07.07.2023 and final

reports have also been submitted in several of the cases registered

against the petitioners.

Accordingly, this application for regular bail is allowed and

it is directed that the petitioners shall be released on bail subject

to the following conditions:-

(i) The petitioners shall execute bonds for sums of Rs.50,000/-

(Rupees fifty thousand only) each with two solvent sureties each

for the likesum to the satisfaction of the jurisdictional Court;

(ii) Petitioners shall appear before the investigating officer in

Crime No.973/2023 of Paravoor Police station as and when called

upon to do so;

(iii) The petitioners shall not attempt to interfere with the

investigation, influence or intimidate the de facto complainant or

any witness in Crime No. 973/2023 of Paravoor police station;

(iv) The petitioners shall surrender his passport before the

jurisdictional court. If the petitioners do not have a passport, they

shall execute an affidavit to that effect and file the same before the

said court within seven days of release on bail;

(v) The petitioners shall not involve in any other crime while

on bail.

If any of the aforesaid conditions are violated, the

investigating officer in Crime No. 973/2023 of Paravoor police

station may file an application before the jurisdictional court, for

cancellation of bail.

Sd/-

GOPINATH P.

JUDGE ajt