Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 26TH DAY OF APRIL 2019 / 6TH VAISAKHA, 1941 Bail Appl..No. 2721 of 2019 AGAINST THE ORDER/JUDGMENT IN MC 382/2019 dated, 27.03.2019 of DISTRICT COURT & SESSIONS COURT,THRISSUR CRIME NO. 104/2019 OF Mannuthy Police Station , Thrissur
PETITIONER/2ND ACCUSED MAGGI, AGED 40 YEARS D/O. JOHNY.C.K., PANNENGADAN HOUSE, KUZHUKULLY VILLAGE, KOZHUKULLY DESOM, THRISSUR BY ADV. SRI.K.B.GANGESH RESPONDENT/S: STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNKULAM-682 031, (SHO, MANNUTHY POLICE STATION, THRISSUR) OTHER PRESENT: BY SENIOR PUBLIC PROSECUTOR SRI.C N PRABHAKARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bail Appl..No. 2721 of 2019 2
O R D E R
The petitioner is the 2nd accused in Crime No.104/2019 of Mannuthy Police Station, Thrissur for having allegedly committed offences punishable under Sections 406 and 420 of IPC.
2. The prosecution case in brief is
that the petitioner and her husband had dishonestly induced the de facto complainant and his mother to join a kuri conducted by them and that they had received a sum of Rs.14lakhs. Even though the chitty amount was due for payment, it has not been paid and thus cheated the de facto complainant.
3. The petitioner submitted that it was her husband, who was conducting the kuri Bail Appl..No. 2721 of 2019 3
and that he has absconded after cheating some persons without making payments to them. She is only a house wife and has nothing to do with the business conducted by her husband. It is also stated that she has filed Criminal M.C.No.382/2019 against her husband for neglecting her and seeking maintenance. It is also stated that her children are studying for SSLC and Plus Two and that in case she is confined to prison, her children will be rendered without any help.
4. On perusal of the documents and the
allegations made on either side, it is seen that the First Information Statement itself is an allegation made against Joy; who is the husband of the petitioner and the allegation is that he was conducting the kuri and there is no indication about the Bail Appl..No. 2721 of 2019 4
involvement of the petitioner in the conducting of the kuries and therefore, prima facie, it does not appear that the petitioner had any involvement in the cheating of the de facto complainants or others. She is willing to co-operate with the investigation and even in case of seizure, she is not going to stand in the way of the police authorities in seizing the documents, required for the purpose of investigation. Hence, the petitioner is entitled to be get anticipatory bail as prayed for. In the event of the petitioner is being arrested, she shall be released on bail on the following conditions:
(a) On executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties for the like sum to the satisfaction of the Investigating Officer. Bail Appl..No. 2721 of 2019 5
(b) The petitioner shall co-
operate with the investigation and produce whatever documents as asked to be produced by the Investigating Officer. (c)The petitioner shall appear before the Investigating Officer as and when called for.
(c) She shall not attempt to tamper with the evidence, influence or intimidate the defacto complainants or the witnesses .
(d) In case of violation of any bail conditions, the prosecution is at liberty to move for cancellation of the bail. Sd/- ASHOK MENON JUDGE SB/26/04/2019