High Court of Kerala granted pre-arrest bail to a Civil Police officer arrested in two cheating cases. The court held that prima facie complicity is not assured and investigated facts require further establishment.
Bail granted with bond of Rs.1,00,000 and two sureties for each case; directed to surrender within two weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 13TH DAY OF AUGUST 2020 / 22ND SRAVANA, 1942
Bail Appl..No.2925 OF 2020
CRIME NO.493/2020 OF Mannuthy Police Station, Thrissur
PETITIONER/ACCUSED:
SUNITHA KUMARI AGED 43 YEARS D/O. RAJENDRAN, MUTTAVILA SUNITHA BHAVAN, KEEZHAMMAKAM CHENKAL P.O., THIRUVANANTHAPURAM, PIN-695 132
BY ADV. SHRI.PRABHU K.N.
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE STATION HOUSE OFFICER, MANNUTHY POLICE STATION, THRISSUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031
2 ADDL.R2. SALINI W/O SURESH CHARIPETTY HOUSE, NEHRU NAGAR KURAICHIRA VILLAGE, MANNUTHY KURAICHIRA P.O PIN. 680006. IS IMPLEADED AS PER ORDER DATED 12.06.2020 IN CRL.M.A. NO.1/2020
SRI. NAVANEETH N. NATH-R2. SRI.AMJAD ALI SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.08.2020, ALONG WITH Bail Appl..2929/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAs 2925 & 2929/2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 13TH DAY OF AUGUST 2020 / 22ND SRAVANA, 1942
Bail Appl..No.2929 OF 2020
CRIME NO.751/2020 OF Town West Police Station, Thrissur
PETITIONER/2ND ACCUSED:
SUNITHA KUMARI, AGED 43 YEARS D/O.RAJENDRAN, MUTTAVILA SUNITHA BHAVAN, KEEZHAMMAKAM CHENKAL P.O., THIRUVANANTHAPURAM, PIN - 695 132.
BY ADV. SHRI.PRABHU K.N.
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, THRISSUR WEST POLICE STATION, THRISSUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 ADDL.R2 SALINI W/O SURESH CHARIPETTY HOUSE, NEHRU NAGAR, KURAICHIRA DESAM, OLLUR VILLAGE, KURAICHIRA P.O PIN.680006. IS IMPLEADED AS PER ORDER DATED 12.06.2020 IN CRL.M.A. NO.1/2020
R2 BY ADV. SRI.NAVANEETH.N.NATH R2 BY ADV. SRI.K.S.STEJO
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.08.2020, ALONG WITH Bail Appl..2925/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAs 2925 & 2929/2020
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COMMON ORDER
[ Bail Appl..2925/2020, Bail Appl..2929/2020 ] Dated this the 13th day of August 2020
Sunitha Kumari, who is working as Civil Police
officer in Thrissur Vanitha Police Station is the applicant in these two bail applications. Two crimes have been registered against her. Crime No.751/2020 was registered at the Thrissur West Police Station, Thrissur for offences punishable under Sections 406 and 420 r/w 34 of the IPC along with one Arun as the 1st accused. In connection with that crime, the applicant has filed BA No.2929/2020. The said crime was registered on 05.05.2020. Subsequently, yet another crime was registered against the applicant as Crime No.493/2020 of Mannuthy Police Station, on
08.05.2020, in which she is the sole accused.
There also the same offences are alleged. A lady
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named Salini is the de facto complainant in both
these cases.
The de facto complainant was acquainted with the applicant. The applicant states that the de facto complainant was working as a maid in her house, whereas the de facto complainant denies that. It is stated that as early as in November 2018, the applicant offered the de facto
complainant, a job as Traffic Warden in Thrissur Traffic Police Station, and obtained a sum of Rs.1,20,000/- from her. The transaction took place at the rented house of the de facto complainant at
Kozhukkully. The job was never arranged. Subsequently, during February 2020, the applicant again offered the de facto complainant yet another job at the Guruvayur Devaswom, and obtained from her, a sum of Rs.40,000/-. The said transaction took place at the beauty parlor conducted by the
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de facto complainant at Cheroor. The job at
Guruvayur Devaswom also did not materialize. The de facto complainant never lost faith in the applicant, and the applicant once again offered her a very good job in the Indian Railway Kitchen. On 24.03.2020, as per directions of the applicant,
a sum of Rs.15,000/- was allegedly paid by the de facto complainant to one Arun, the first accused in Crime No.751/2020 of Thrissur West Police
Station. The railway job offer was not only to the de facto complainant, but also to her son and her relative. The de facto complainant also allegedly received an appointment order, regarding her appointment in the Railway kitchen service. Which, later on, was found to be a fraudulent document.
Thus, the applicant cheated the de facto
complainant continuously for a period of over two years and more.
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applicant, the counsel appearing for the de facto complainant and the learned Public Prosecutor.
applicant would submit that the story put forth by the de facto complainant is not believable at all.
Because, despite having paid Rs.1,20,000/- and
Rs.40,000/- for jobs as Traffic Warden in the police department and in the Guruvayur Devaswom and got cheated, the de facto complainant
continued to pay money to the applicant. A complaint for the first time, comes up only on 05.05.2020 in consequence of which Crime No.751/2020 was registered at the Thrissur West Police Station. In that case it was Arun who had
received the amount at the behest of the applicant. It is pointed out by the learned
counsel appearing for the applicant that nothing
has been stated regarding the payment of Rs.1,60,000/- earlier for jobs as Traffic Warden
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and in the Guruvayur Devaswom in the FI Statement given by the de facto complainant on 05.05.2020. It is after three days, on the 8th of May 2020, that a complaint regarding payment of money in 2018 is raised for the first time, in consequence of which Crime No.493/2020 at the Mannuthy Police Station is registered against the applicant. The learned counsel for the applicant states that the applicant has not been placed under suspension by the Police Department till now. That is because the allegations in the complaint are fictitious.
complainant is to be believed, further investigation of the case would be required to proceed against the applicant. Mere allegations
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made by a lady regarding transactions which took
place over a period of two years and that too for offering employment by a Civil Police officer in
establishments like the police department, the
Guruvayur Devasom and the Indian Railway can hardly be believed without reliable materials supporting such allegations. Definitely, the police are investigating the allegations and if
there are materials, the applicant will have to
face the consequences. But prima facie I am not at
present assured about the complicity of the
applicant. The applicant is not going to abscond.
She has a permanent job, she is not under
suspension and therefore, her availability for investigation cannot be doubted.
opinion that the applicant is entitled to pre-
arrest bail in both these cases. More over, the
Full Bench decision of this Court in WPC 9400/2020
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will also come to the assistance of the applicant,
since the offence alleged against her is punishable with imprisonment up to seven years.
allowed, and the applicant is directed to surrender before the investigating officers in the
aforesaid crimes within two weeks. In the event of her being arrested, she shall be released on bail on execution of bond for Rs.1,00,000/-(Rupees One lakh only) in each of the cases with two solvent
sureties, each for the like amount to the
satisfaction of the investigating officers and on the following conditions;
investigation and appear before the
investigating officers as and when called for.
influence or intimidate witnesses.
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offences during the bail period.
In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional
court.
Sd/-
ASHOK MENON
JUDGE
SPK
3 issues framed by the court
Whether the applicant is entitled to pre-arrest bail in two criminal cases alleging cheating.
Whether the allegations against a Civil Police officer establishing complicity warrant granting bail on prima facie grounds.
Whether conditions including false appearance for investigation can be imposed for the accused's safety.
Colour shows how this judgement treated each authority
Full Bench decision of this CourtExplained¶87
WPC 9400/2020
Sunitha Kumari
State of Kerala
Salini
Ashok Menon
As recorded by the court registry
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