Full Judgment
Bail Appl..No.155 OF 2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941 Bail Appl..No.155 OF 2020 CRIME NO.452/2019 OF Peerumedu Police Station , Idukki PETITIONERS/ACCUSED 3 AND 4: 1 SUMITHA @ SUMI AGED 39 YEARS W/O.PRAMOD, MELEVEETTIL HOUSE, THALAPPALAMKARA, ERATTUPETTA VILLAGE, KOTTAYAM DISTRICT. 2 ESTHER AGED 34 YEARS W/O.DAVID, KANNA HOUSE, BONNAMI PUTHUVAL, FAIR FIELD ESTATE, ELAPPARA VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT. BY ADVS. SRI.T.A.UNNIKRISHNAN SRI.K.K.AKHIL
RESPONDENT/COMPLAINANT STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031. OTHER PRESENT: SR PP CN PRABHAKARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bail Appl..No.155 OF 2020 2
ORDER
Application for pre-arrest bail filed under Section 438 of the Code of Criminal Procedure.
2. The petitioners are accused Nos.3 and 4 in Crime No. 452 of 2019 of Peermade Police Station registered for the offences punishable under Sections 406,420 read with Section 34 of the Indian Penal Code
3. The prosecution allegation is that these petitioners are
employees of a Society namely Peermade Taluk Tourism Promotion Co-operative Society Ltd., No.6868. The first accused is the President of the Society and the second accused is the Secretary. These petitioners are employees of the Society. The Society was conducting a chitty. Due to some mismanagement of the office bearers of the Society, the chitty was stopped half way and the entire amount due to its subscribers have not been paid by the office bearers of the Society. The defacto complainant in this case is one such subscriber. The Society thereafter issued cheque for the amount due to the defacto complainant. But when it was presented it was bounced because of insufficient funds and thereby these petitioners have cheated the defacto complainant.
Bail Appl..No.155 OF 2020 3
4. The learned Counsel for the petitioners submitted
that the Society was actually run by accused Nos.1 and 2 and these petitioners are only employees of the Society and they were employed on salary basis. They have nothing to do with the business run by the Society. But they apprehend arrest by the police and hence this application.
5. The learned Public Prosecutor has also submitted that
these petitioners are only the employees of the society. It is prima facie revealed that they have no active participation in committing the aforesaid offences against the subscribers of the chitty.
6. Having regard to the submission of the learned Public
Prosecutor, I think that custodial interrogation of these petitioners may not be necessary to proceed with the investigation of the case. Therefore, I am inclined to allow this petition directing the petitioners to surrender before the Investigating Officer on 9.3.2020 at 10.30 a.m. Upon such surrender they shall be released on bail after interrogation subject to the following further conditions:
(i) The petitioners shall be released on bail after interrogation, on executing a bond for a sum of Rs.50,000/-(Rupees Bail Appl..No.155 OF 2020 4 fifty thousand only) with two solvent sureties for the like sum each in the event of arrest by the police in connection with the above crime.
(ii) They shall make themselves available for interrogation before the Investigating Officer as and when required by him in writing. They shall co-operate with the investigation of the case.
(iii) They shall 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.
(iv) They shall not commit any offence while on bail.
(v) In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law. Sd/- SHIRCY V JUDGE smm Bail Appl..No.155 OF 2020 5