Court allowed a bail application filed by a female accused under Section 438 Cr.P.C. in a cheating and conspiracy case, noting no recovery from her and lack of necessity for custodial interrogation.
Petitioner enlarged on bail on bond of Rs.35,000 with two solvent sureties, to report to IO every Saturday and not tamper with witnesses.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
FRIDAY, THE 14TH DAY OF JUNE 2019 / 24TH JYAISHTA, 1941
Bail Appl..No.2571 of 2019
AGAINST THE ORDER/JUDGMENT IN CRMC 639/2019 of DISTRICT COURT & SESSIONS COURT,THALASSERY DATED 02-04-2019
CRIME NO.60/2019 OF Kelakom Police Station , Kannur
PETITIONER/S:
JINCY BABU, AGED 40 YEARS W/O.BABU, PUTHENPURACKAL HOUSE, KUTTIYATTOOR AMSOM, MAYYIL, KANNUR DISTRICT - 670 602.
BY ADV. SRI.PRAVEEN K. JOY
RESPONDENT/S:
1 STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY S.I.OF POLICE, KELAKAM POLICE STATION - 670 674.
2 ADDL.R2 AKIL JOSE, AGED 21, S/O JOSE, KOTTAYIL HOUSE, NEDUMPURAMCHAL, POOLAKKUTTY, KANNUR-670650.
ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 26.4.2019 IN CRL.MA NO.1/2019.
OTHER PRESENT:
SMT.V.SREEJA,PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.2571 of 2019
ORDER
The petitioner is the accused in Crime No.60/2019 of Kelakam Police Station registered for the offences punishable under Sections 420 and 120B r/w Section 34 IPC.
2. The prosecution allegation is
that on 7.6.2018, the petitioner collected a total amount of Rs.6,00,000/- from the defacto complainant and his friend promising that the petitioner would arrange job for them in Al-Manama Company at Sharjah with the knowledge that the said company would be closed soon.
3. The petitioner has filed this
application under Section 438 Cr.P.C.
Bail Appl..No.2571 of 2019
4. Heard.
5. The learned Public Prosecutor has
submitted that the petitioner has no criminal antecedent. It appears that the
defacto complainant got appointment order in
July 2018. It further appears that the defacto complainant and the other person joined in Al-Manama Company. However, the company was wound up after some time. It is alleged that the petitioner was aware at the
time of receiving the amount that the company would be wound up soon.
6. Having gone through the relevant inputs, it appears that no recovery is to be
effected from the petitioner. Therefore, the
Bail Appl..No.2571 of 2019
custodial interrogation of the petitioner is not necessary in this case. That apart, the petitioner is a lady, having no other criminal antecedent. In the said circumstances, I am inclined to grant prearrest bail to the petitioner.
In the result, this application stands
allowed and it is directed that the petitioner shall be enlarged on bail in the event of her arrest in the above said crime on condition of the petitioner executing a bond for Rs.35,000/- (Rupees Thirty five thousand only) with two solvent sureties, each for the like sum to the satisfaction of the Station House Officer concerned, before whom the petitioner shall surrender within
Bail Appl..No.2571 of 2019
ten days, if not arrested in the meantime and subject to the following further conditions:
i) The petitioner shall report before the Investigating Officer on every Saturday between 9 a.m.
and 11 a.m. for one month and
thereafter, as and when required by the Investigating Officer for interrogation.
ii) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.
iii) The petitioner shall not get involved in any other
Bail Appl..No.2571 of 2019
-6-
offence during the pendency of
this case.
Sd/-
B. SUDHEENDRA KUMAR, JUDGE
STK
//TRUE COPY//
//P.A. TO JUDGE//
1 issue framed by the court
Whether the petitioner is eligible for pre-arrest bail under Section 438 Cr.P.C. in a cheating and criminal conspiracy case.
2 provisions across 2 enactments
JINCY BABU
STATE OF KERALA
AKIL JOSE
B. SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
