Allowed

Sreeja. S v. State of Kerala

Kerala HC16 Feb 2022Bail Appl./9102/2021

Case brief

AI extract

What is this about?

In this bail application filed under Section 438 Cr.P.C., the High Court of Kerala granted anticipatory bail to the accused for offences under Sections 419, 420, 423, 468, and 471 IPC related to impersonation. The Court held that no custodial interrogation was required given the discovery of a duplicate identity incident and issued specific conditions.

What did the court decide?

Anticipatory bail granted on terms of surrender by 22.02.2022, execution of bond with two sureties, and prohibition on interfering with the investigation.

Sreeja. S Vs State of Kerala — Cheating and Forgery | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

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WEDNESDAY, THE 16^TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943

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BAIL APPL. NO.9102 OF 2021

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(CRIME No.2408/2021 OF KOTTAYAM EAST POLICE STATION, KOTTAYAM DISTRICT)

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PETITIONER:

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SREEJA. S AGED 41 YEARS D/O. S.SIVASANKARA PILLA, MADHAVAM HOUSE, MAINGAPPALLY VILLAGE, KOLLAM, KERALA-682 027.

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BY ADVS. SAM ISAAC POTHIYIL TINU JOHNSON VISHNU DAS SRUTHI DAS PHILIP ARUN M.N. MOHAMED AMJAD K.M S.SURAJA JISHMA K.S OSHIN MENDEZ MARIA NEETHU T.J ANJITHA ANIL KUMAR MANEESH NARAYANAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN-682 031.

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2 STATION HOUSE OFFICER, KOTTAYAM EAST POLICE STATION, KOTTAYAM-686 002.

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OTHER PRESENT:

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SMT MAYA M.N, PUBLIC PROSECUTOR.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

B.A No.9102 of 2021

SOPHY THOMAS, J.

Bail Application No.9102 of 2021

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Dated this the 16^th day of February, 2022

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O R D E R

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This is an application for anticipatory bail under Section 438 Cr.P.C.

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The petitioner is the sole accused in Crime No.2408 of 2021 of Kottayam East Police Station, registered under Sections 419, 420, 423, 468 and 471 of IPC.

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The prosecution case is that, the accused, with an

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intention to commit cheating by impersonation, gave an affidavit before the Public Service Commission stating that, she is relinquishing her claim for the post of Assistant Salesman at Kerala State Civil Supplies Corporation Ltd. as registration number 111059 in the rank list published. But, she was not the person having that registration number, and thereby cheated the real person with that registration number.

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Heard learned counsel for the petitioner as well as learned Public Prosecutor.

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B.A No.9102 of 2021

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Learned counsel for the petitioner submitted that, the petitioner is a B.Tech Graduate now working as Village Officer in Mynampally Village Office, Kunnathoor Taluk, Kollam District. She had appeared for very many examinations conducted by PSC and she was included in various rank lists published by PSC. Her name is Sreeja S and her date of birth is 25.05.1980. One Mr.Sanil K, who was in the rank list of Assistant Salesman as rank No.312, approached the petitioner and requested her to relinquish her claim, so as to facilitate him to get that job. Since the petitioner already got selected as Village Officer, she relinquished her claim and intimated the Public Service Commission. In the rank list, she was ranked 233, showing her name as well as her date of birth. So, she never doubted the genuineness of the request of Mr.Sanil K. But, later another Sreeja S contacted the petitioner and told her that she was the real Sreeja S ranked 233 in the list published by PSC. Immediately, the petitioner addressed the PSC informing the real facts and moreover, she filed a complaint against Mr.Sanil K before the Judicial First Class Magistrate, Sasthamkotta. She never intended to cheat Smt.Sreeja S, rank No.233. Since the name and date of birth

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B.A No.9102 of 2021

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of both were the same, the mistake happened.

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Learned counsel for the petitioner submitted that, the

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PSC accepted her explanation and appointment was given to original Sreeja S who was rank No.233.

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Learned Public Prosecutor also has no serious objections to this petition, as the whole incident occurred out of the identical name and date of birth for both Sreejas.

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Considering the facts and circumstances, this Court is of

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the view that, there is no scope for any custodial interrogation. So, the petition is allowed on the following terms:

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(i) The petitioner is directed to surrender before the Investigating Officer on or before 22.02.2022. The Investigating Officer can collect all materials and evidence within her reach which will facilitate the investigation.

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(ii) In the event of arrest, she shall be released on bail on executing bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer.

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(iii) The petitioner shall appear before the Investigating Officer as and when required by the Investigating Officer.

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B.A No.9102 of 2021

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(iv) She 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.

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(v) She shall not tamper with the evidence.

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(vi) She shall not commit any offence while on bail.

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In case of violation of any of the above conditions, the Jurisdictional Magistrate is empowered to cancel the bail, in

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accordance with law.

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Sd/-

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SOPHY THOMAS JUDGE

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smp

Sreeja. S v. State of Kerala

Case brief

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Sreeja. S v. State of Kerala

Case brief

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