Single Judge allowed anticipatory bail to two accused ladies charged under Sections 420 IPC and 138 NI Act. Court held custodial interrogation unnecessary, directing surrender within two weeks with specific bond conditions.
Anticipatory bail granted on surrender within two weeks with bond of Rs.50,000 each and two sureties.
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 ASHOK MENON
FRIDAY, THE 04TH DAY OF DECEMBER 2020 / 13TH AGRAHAYANA, 1942
Bail Appl..No.5414 OF 2020
CRIME NO.2303/2020 OF Thiruvalla Police Station, Pathanamthitta
PETITIONER/S:
1 BHARGAVI AMMA AGED 80 YEARS NADUVILE VEETTIL, MUTHOOR P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT 689107
2 SMITHA BABURAJ AGED 43 YEARS NJALIPARAMBIL, MUTHOOR P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT 689107
BY ADV. SRI.GOKUL D. SUDHAKARAN
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031
2 SUB INSPECTOR OF POLICE THIRUVALLA POLICE STATION, THIRUVALLA, PATHANAMTHITTA DISTRICT 682031
3 ADDL.R3 V.A.ANSARI VETTUVELIL HOUSE, MUTHOOR P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN-689107.
IS IMPLEADED AS ADDL.R3 AS PER ORDER DATED 23/9/2020 IN CRL.MA 1/2020.
R1 BY PUBLIC PROSECUTOR R3 BY ADV. SRI.K.N.RADHAKRISHNAN(THIRUVALLA) SRI.AJITH MURALI -PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.5414 OF 2020
2
ORDER
Dated this the 4th day of December 2020
This is an application filed under Section 438
of Cr.P.C seeking anticipatory bail.
The applicants are mother and daughter who
arrayed as accused in Crime No.2303/2020 of
Thiruvalla Police Station, Pathanamthitta, for having allegedly committed offence punishable under Section 420 r/w Section 34 of the IPC.
after having already sold their property to some other person, the applicants entered into an agreement for sale of their property with the de
facto complainant and obtained Rs.3,50,000/- as advance from there. Subsequently, they resigned from the agreement and did not return the advance
amount and thus cheated the de facto complainant.
They had issued a cheque to the de facto
complainant, which on being presented for
collection was dishonoured and proceedings under
Bail Appl..No.5414 OF 2020
3
Section 138 of NI Act was initiated against them.
and this complaint has been filed as a counterblast to that civil suit pending before the Munsiff court. It is further stated that the entire amount which the applicants had received as advance sale consideration was returned to the de facto complainant and nothing remains to be paid to them. It is also stated that the cheque was dishonoured for two reasons and one of the reasons is that the signature on the cheque did not match with the signature approved. This would indicate that the cheque was not issued by the applicants
Bail Appl..No.5414 OF 2020
for discharge of the amounts due and the de facto complainant has himself concocted the signatures
of the applicants to present the cheque for
collection. Hence, the applicants pray that they may be released on anticipatory bail.
applicants and the learned Public Prosecutor.
respectively. They do not have any criminal antecedents. They are both ladies and are willing to co-operate with the investigation. It is stated
that the applicants were being called to the police station and to abate the police harassment,
they had approached this Court with WPC No.14516/2020 and this Court has vide order dated 17.07.2020, given a direction to the police not to summon the applicants to the police station and
harass them in connection with the complaint of
non-payment of money to the de facto complainant herein.
Bail Appl..No.5414 OF 2020
5
is no need for custodial interrogation of the applicants. Hence, the applicants shall surrender before the investigating officer within two weeks, and after interrogation in the event of their being arrested, they shall be released on bail on execution of bonds for Rs.50,000/-(Rupees Fifty thousand only) each with two solvent sureties for the like amount each to the satisfaction of the investigating officer and on the following condition;
i. They shall co-operate with the investigation.
In the event of violating the bail condition,
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 applicants are entitled to anticipatory bail under Section 438 Cr.P.C.
Whether custodial interrogation is necessary for the applicants.
What conditions for bail should be imposed on the applicants.
1 provisions across 1 enactments
BHARGAVI AMMA AND ANR.
STATE OF KERALA
SUB INSPECTOR OF POLICE THIRUVALLA
V.A.ANSARI
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
