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Petitioner who is accused of defrauding the de facto complainants was granted bail as his continued detention is not required for the purpose of investigation and was upheld by High Court of Kerala through the learned bench led by HONOURABLE MR. JUSTICE GOPINATH P. in the case of SANTHOSH JOSEPH v. STATE OF KERALA (BAIL APPL. NO. 2612 OF 2022) on 8^th April 2012.

Brief facts of the case are that the allegation against the petitioner essentially in the case is that, after collecting money from the de facto complainants in the case promising them job visa in a foreign country, the petitioner defrauded the de facto complainants by not providing visa as promised and by not returning the money collected from them.

Learned petitioner’s counsel submitted that that the petitioner had not promised the grant of visa, but had only helped in processing the visa, the petitioner had only collected charges for the same and had not collected any amount over and above that. He submitted that the grant of visa is dependent on the policies of the respective countries and the petitioner is not in a position to guarantee the issue of visa. He added that the transaction was bona fide and that the petitioner has been in custody from 5.3.2022 in Puthencruz Police Station and that his arrest was recorded in Crime No.143/2022 of Alakode Police Station on 17.3.2022. He further stated that the continued detention of the petitioner is not necessary for the purposes of any investigation.

Public prosecutor submitted that that the petitioner had clearly cheated the de facto complainants in the case by promising a job visa in a Foreign Country. And the petitioner is clearly guilty of the offences alleged against him. He submitted that there are several other complaints registered against the petitioner alleging commission of similar offences. He further stated that charge sheet has been already filed in Crime No.143/2022 of Alakode Police Station, Kannur District.

In view of the facts and circumstances and considering the nature of the allegations against the petitioner, Court granted bail to the petitioner on certain conditions as the continued detention of the petitioner is not necessary for the purposes of any investigation, he had already been in custody from 5.3.2022 and  Crime No.143/2022 has already been charge sheeted.

Click here to read the Judgment

Judgment reviewed by – Amit Singh