Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945 BAIL APPL. NO. 3204 OF 2023 PETITIONER/ACCUSED: SALINI AGED 37 YEARS D/O.VISWAMBARAN SHIBU VILASAM, H.NO. 4/435 (9/572), KANNAMKODE, AKKAL, ELAMADU, KOTTARAKKARA, KOLLAM, PIN - 691506 BY ADVS. P.K.SAJEEVAN B.RADHAKRISHNAN ATHIRA SAJEEVAN ARPANAI T.A. MARIA ANCY V.J. RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031 2 THE STATION HOUSE OFFICER KONGAD POLICE STATION, PALAKKAD DISTRICT, KERALA, PIN - 678631
OTHERS PRESENT: ADV. SRI.D.G. MANU, SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.3204/2023 2
ORDER
This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973.
2. The petitioner is the 1st accused in Crime No.337 of 2022 of Kongad Police Station, Palakkad. She allegedly had committed the offence punishable under Section 420 read with Section 34 of the Indian Penal Code, 1860.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. The prosecution case in brief is as follows : On seeing the marriage advertisement given by the informant in newspapers, accused No.1 contacted him through telephone and got
acquaintance with him. She made to believe the informant that she is willing to marry him and on various dates from 30.03.2022 to 23.05.2022, the accused obtained money from him totalling Rs.42,00,000/- through her bank account with Union Bank of India, Vidya Nagar Branch, Madhya Pradesh. The money was in turn transferred to the bank account of accused No.2. By using the money obtained from the informant through cheating, both accused have purchased property at Ambalavattam in Anangadi Panchayath, Ottappalam. Thus the petitioner was alleged to have B.A.No.3204/2023 3 committed the above offence in furtherance of her common intention with the other accused.
5. The petitioner would contend that she did not involve in the
alleged crime and without any material or evidence, she has been implicated in the crime. She is innocent. The investigation in the matter has been progressed considerably and there is no reason or justification for her further detention.
6. The learned Public Prosecutor would submit that
considering the seriousness of the offence and the possibility of interfering with the investigation by the petitioner in the event of her release on bail, this petition deserve only to be dismissed.
7. The petitioner/accused No.1 was arrested on
04.02.2023. She has been in custody since then. The final report in the matter is already filed. The 2 nd accused who is the husband of the petitioner was released on bail. The learned Public Prosecutor would submit that the petitioner had involved in two other crimes which arose during the year 2019.
8. Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and considering the
facts that the petitioner is a woman, the final report in the matter
has already been filed and that the 2 nd accused was released on bail, I am of the view that further detention of the petitioner is B.A.No.3204/2023 4 unnecessary.
9. The contention of the petitioner that she ought to have been granted statutory bail since final report was not submitted within 60 days was turned down by the learned Magistrate. The petitioner was arrested on 04.02.2023. The final report, after curing the defect, was submitted before the Magistrate on
05.04.2023. The view taken by the Magistrate is that by submission of the final report on 05.04.2023 requirement of the proviso to Section 167(2) of the Code are satisfied. I find no reason to interfere with the same. In the result, the bail application is allowed and the petitioner is granted bail on her executing a bond for Rs.50,000/- (Rupees Fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the learned Magistrate, subject to the following conditions:
(i) She shall not influence or intimidate witnesses or tamper with evidence;
(ii) She shall appear before the investigating officer as and when called for; and
(iii) During the bail period, she shall not get involved in any offence.
(iv) Petitioner shall not leave State of Kerala without
obtaining prior permission from the Judicial First Class B.A.No.3204/2023 5 Magistrate Court-II, Palakkad. In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court. Sd/- P.G. AJITHKUMAR, JUDGE csl B.A.No.3204/2023 6 APPENDIX OF BAIL APPL. 3204/2023 PETITIONER ANNEXURES Annexure1 THE TRUE COPY OF THE REMAND REPORT DATED Annexure-2 THE ORDER DATED 12.4.2023 OF THE ABOVE CMP NO. 2059/2023