Ambika a vs State of Kerala

Type Court Judgment Court Kerala Decided Nov 30, 2023

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Citation: sooperkanoon.com/1406762
Court: Kerala High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: Nov 30, 2023
Case Number: Bail Appl./10411/2023

Parties & Advocates

Appellant / Petitioner

Ambika a

Respondent

State of Kerala

Excerpt

.....procedure seeking pre-arrest bail.2. the applicant is the accused in crime no.905/2023 of pattambi police station. the offence alleged is punishable under section 420 of the ipc.3. the prosecution case, in short, is that the applicantinduced the defacto complainant to part with ₹62,600/- on the promise that she would arrange mba degree for the defacto complainant from bharathiar university through global distance education without even attending the examination and committed breach of promise without providing the degree or the money and thereby committed the offence.4. i have heard sri. k. rakesh, the learned counsel for the applicant and sri.m.c. ashi, the learned public prosecutor. perused the case diary.5. the learned counsel for the applicant submitted that -:3:- the applicant is innocent and has been falsely implicated in thepresent case. the counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, she is entitled to get bail. the learned public prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if she is released on bail at this stage, it will affect the course of the investigation.6. even according to the defacto complainant, heapproached the applicant and gave money to get mba degree without attending the examination. the records would show that in fact the applicant had enrolled the defacto complainant for mba. the applicant is a lady. she does not have any criminal antecedents. considering the allegations levelled against the applicant, her custodial interrogation does not appear to benecessary. for these reasons, it is a fit case where pre-arrest bail can be granted to the applicant. in the result, the application is allowed on the following conditions:- -:4:-(i) the applicant shall be released on bail in the event ofher arrest on executing a bond for rs.1,00,000/- (rupees one lakh only) with two solvent.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 30TH DAY OF NOVEMBER 2023 / 9TH AGRAHAYANA, BAIL APPL. NO. 10411 OF 2023 CRIME NO.905/2023 OF Pattambi Police Station, Palakkad PETITIONER/ACCUSED: AMBIKA A, AGED 48 YEARS D/O ACHUTHAN NAIR, PROPRIETOR, GLOBAL DISTANCE EDUCATION, PALAKKAD DISTRICT, RESIDING AT ANGOTH, VADANAMKURISSI POST, ONGALLUR-II, PALAKKAD DISTRICT, PIN - 679121 BY ADV K.RAKESH RESPONDENT/STATE & DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031 2 THE STATION HOUSE OFFICER PATTAMBI POLICE STATION, PALAKKAD DISTRICT, PIN - 3 SUJITH, AGED 39 YEARS S/O.UNNIKRISHNAN, PADIKKAL HOUSE, AAYANGALAM, VAVANNUR, PALAKKAD DISTRICT, PIN - 678504 SRI.M.C.ASHI, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:-

ORDER

Dated this the 30th day of November, 2023 This application is filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.

2. The applicant is the accused in Crime No.905/2023 of Pattambi Police Station. The offence alleged is punishable under Section 420 of the IPC.

3. The prosecution case, in short, is that the applicant

induced the defacto complainant to part with ₹62,600/- on the promise that she would arrange MBA degree for the defacto complainant from Bharathiar University through global distance education without even attending the examination and committed breach of promise without providing the degree or the money and thereby committed the offence.

4. I have heard Sri. K. Rakesh, the learned counsel for the applicant and Sri.M.C. Ashi, the learned Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that -:3:- the applicant is innocent and has been falsely implicated in the

present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, she is entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if she is released on bail at this stage, it will affect the course of the investigation.

6. Even according to the defacto complainant, he

approached the applicant and gave money to get MBA degree without attending the examination. The records would show that in fact the applicant had enrolled the defacto complainant for MBA. The applicant is a lady. She does not have any criminal antecedents. Considering the allegations levelled against the applicant, her custodial interrogation does not appear to be

necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicant. In the result, the application is allowed on the following conditions:- -:4:-

(i) The applicant shall be released on bail in the event of

her arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting herself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders.She shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the

prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala -:5:- without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

sd/- DR. KAUSER EDAPPAGATH JUDGE kp -:6:- APPENDIX OF BAIL APPL. 10411/2023 PETITIONER ANNEXURES Annexure A A TRUE COPY OF THE F.I.R. DATED, 5-10- 2023 IN CRIME NO. 905/2023 OF THE PATTAMBI POLICE STATION

Same Court & Year Kerala · 2023 Same Parties Ambika a vs State of Kerala Same Judge Honourable Dr. Justice Kauser Edappagath