Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN THURSDAY, THE3D DAY OF APRIL201413TH CHAITHRA, 1936 Bail Appl..No. 1789 of 2014 --------------------------------------- CRIME NO. 472/2013 OF CHENGANNUR POLICE STATION , ALAPPUZHA DISTRICT ------------------ PETITIONER/1ST ACCUSED: ---------------------------------------- JOYSI MATHEW, AGED50YEARS, D/O.T.J.JOSHUA, JOY BHAVANAM, MUNDANKAVU,CHENGANUR. BY ADV. SRI.THOMAS J.ANAKKALLUNKAL RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0304-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Msd. N.K. BALAKRISHNAN, J.
------------------------------------------ B.A. No. 1789 of 2014 (C) ------------------------------------------ Dated this the 3rd day of April, 2014 ORDER
The petitioner is the 1st accused in Crime No.472/2013 of Chengannur Police Station, Alappuzha District. The offence alleged is under section 420 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. The allegation is that the petitioner and her parents promised the defacto complainant and his friends -Rishi Raj and Brijith Raj to arrange job for them as Nurse and Physiotherapist in Singapore. Believing their words, the defacto complainant and his friends had transferred money to the bank account provided by the petitioner. It is stated that Rs.5,50,000/- was paid in total by the victims. Job was not arranged nor did they return the money. Thus, cheated the complainant and other two victims. B.A. No. 1789/2014 (C) -2- 3. The learned counsel for the petitioner submits that the petitioner only introduced or showed other accused persons and did not receive any money in her hand. It is further stated that the petitioner herself is a victim and she also happened to pay money to the other accused, who made her to believe that job would be arranged.
4. However, considering all the aspects, it is just and proper that the petitioner deposits Rs.1 lakh so that, to some extent, the victims can be compensated.
5. Considering all the aspects the following directions are issued: The petitioner shall surrender before the Investigating Officer within two weeks from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate B.A. No. 1789/2014 (C) -3- will, considering the nature of the case, grant bail to the petitioner but on the following conditions: a. The petitioner shall execute a bond for Rs.20,000/- (Rupees Twenty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. b. The petitioner shall make herself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders. B.A. No. 1789/2014 (C) -4- c. The petitioner shall surrender her original passport before the learned jurisdictional Magistrate. If she is not having any valid passport, she should file an affidavit regarding the same before the Magistrate. d. The petitioner will also file an affidavit that she will abide by all the conditions as mentioned above and that she will not commit any offence similar to the offence involved in this case and will 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. e. The petitioner shall not leave India without the prior permission of the learned Magistrate. B.A. No. 1789/2014 (C) -5- f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. g. The petitioner shall deposit Rs.1,00,000/- (Rupees One lakh only) before the jurisdictional Magistrate within two weeks. Sd/- N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj