Allowed

Suneera Firoz v. State of Kerala

Kerala HC19 Jun 2023Bail Appl./1364/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the bail application of Suneera Firoz, an accused in a cheating case. Relying on the principle that bail is the rule, the Court granted bail with stringent conditions requiring immediate interrogation, a bond of Rs. 50,000 with sureties, and restrictions on travel and further contact with witnesses.

What did the court decide?

Bail granted with conditions: appearance for interrogation within 10 days, bond of Rs. 50,000 with two sureties, no leaving India, cooperation with investigation, and appearance on every Monday.

Suneera Firoz Vs State of Kerala — Bail and Remand | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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MONDAY, THE 19TH DAY OF JUNE 2023 / 29TH JYAISHTA, 1945
BAIL APPL. NO. 1364 OF 2022

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PETITIONER/S:

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SUNEERA FIROZ
AGED 35 YEARS
WIFE OF FIROZKHAN, AGED 35 YEARS, LIBRAS MANZIL,
NADUVATH NAGAR P.O, AROOKUTTI VILLAGE, CHERTHALA
TALUK, ALAPPUZHA DISTRICT, PIN - 688524
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031

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2 THE SUB INSPECTOR OF POLICE THODUPUZHA POLICE STATION, IDUKKI DISTRICT685584, PIN - 685584

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BY ADV PUBLIC PROSECUTOR

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OTHER PRESENT:

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SRI.B.S.SYAMANTAK, PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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B.A No. 1364 of 2022

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P.V.KUNHIKRISHNAN, J.

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B.A.No. 1364 of 2022

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Dated this the 19^th day of June, 2023

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ORDER

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The petitioner is an accused in Crime No.28 of 2022 of Thodupuzha police station, Idukki district. The above case is registered against the petitioner alleging offences punishable under Sections 406 and 420, read with 34 IPC.

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The prosecution case is that the 1^st accused obtained an amount of Rs.20,000/- on 02.03.2021 through the account of the complainant on the promise to get a job in UAE for vaccination duty and on the direction given by the 1^st accused, the complainant reached

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a firm by name ‘Take Off Hr Pvt.Ltd’, at Ernakulam, where the 2^nd accused and the petitioner insisted Rs.2 lakhs. It is stated that no job were given and the amount is also not paid. Hence, it is alleged that the accused committed the offence.

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Heard the counsel for the petitioner and the Public

Prosecutor.

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B.A No. 1364 of 2022

The counsel for the petitioner reiterated the contentions in the bail application. The Public Prosecutor opposed this bail application. The Public Prosecutor submitted that the custodial interrogation of the petitioner is necessary for completing the investigation.

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This Court considered the contentions of the petitioner and the Public Prosecutor. This bail application is pending before this Court from 2022 onwards. There is an interim order on 17.02.2022 directing the police authorities not to arrest the petitioner. It is submitted that the petitioner is the wife of the 2^nd accused and she has no connection with the transaction alleged. It is true that the allegations against the petitioner and other accused are very serious. But considering the facts and circumstances of the case and also considering the fact that the petitioner is a lady, the custodial interrogation of the petitioner may not be necessary. There can be stringent conditions while granting bail.

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B.A No. 1364 of 2022

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Moreover, it is a well accepted principle that, the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in

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Chidambaram P. v. Directorate of Enforcement (2019 (16) SCALE 870) , after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that, the accused has the opportunity of securing fair trial.

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Considering the dictum laid down in the above decision

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and considering the facts and circumstances of this case, this Bail Application is allowed with the following directions:

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Petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation;

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After interrogation, if the Investigating Officer proposes to arrest the petitioner, he shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty

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B.A No. 1364 of 2022

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Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the officer concerned;

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Petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and 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

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them from disclosing such facts to the Court or to any police officer;

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Petitioner shall not leave India without permission of

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the jurisdictional Court;

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Petitioner shall not commit an offence similar to the

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offence of which they are accused, or suspected, of the commission of which they are suspected;

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Petitioner shall appear before the investigating

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officer on all Mondays at 10 a.m till final report is filed.

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B.A No. 1364 of 2022

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If any of the above conditions are violated by the

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petitioner, the jurisdictional Court can cancel the bail in

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accordance to law, even though the bail is granted by this

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Court.

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sd/-

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P.V.KUNHIKRISHNAN JUDGE

das

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B.A No. 1364 of 2022

APPENDIX OF BAIL APPL. 1364/2022

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PETITIONER ANNEXURES

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Annexure-1TRUE COPY OF THE COMPLAINT DATED
23.11.2021 SUBMITTED BY THE PETITIONER
BEFORE THE SUB INSPECTOR OF POLICE,
POOCHAKKAL POLICE STATION WITH COPY TO
DEPUTY SUPERINTENDENT OF POLICE,
CHERTHALA, ALAPPUZHA
Annexure--2TRUE COPY OF THE INTERIM ORDER OF THIS
HONOURABLE COURT DATED 30.11.2021 IN
WPC NO.27102/2021
Annexure--3TRUE COPY OF THE INTERIM ORDER OF THIS
HONOURABLE COURT DATED 3.12.2021 IN WPC
NO.27102/2021
Annexure--4TRUE COPY OF THE INTERIM ORDER OF THIS
HONOURABLE COURT DATED 23.12.2021 IN
WPC NO.27102/2021
Annexure--5TRUE COPY OF THE ORDER DATED 9.2.2022
IN CRL.M.C.NO.86/2022 ON THE FILE OF
DISTRICT AND SESSIONS COURT, THODUPUZHA

Suneera Firoz v. State of Kerala

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Suneera Firoz v. State of Kerala

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