Chinchu Joy vs State Of Kerala

C.S. Sudha, J

This is an application under Section 438 of Cr.P.C. filed by the petitioner/accused seeking pre-arrest bail in Crime No.1912/2021 of Adoor Police Station in Pathanamthitta District, alleging commission of the offence punishable under Section 420 IPC.

The prosecution case is that the accused had sent two guests to the hotel named White Portico at Adoor where the informant is working as the Manager and promised to clear the bills of the two guests, namely, one Zacharia and his wife, who stayed in the hotel for the period from 22.2.2021 till 17.3.2021. An amount of Rs.3,150/- was paid as advance by the accused on 1.3.2021. However, the balance amount of Rs.1,00,122/- due to the hotel though promised to be paid by the accused, was not paid. Hence the accused is alleged to have committed the offence punishable under the above mentioned Section.

The  application  is  opposed  by  the  learned  Public Prosecutor on the ground that the investigation is still at its initial stage.

It is submitted by the learned counsel for the petitioner/accused that the petitioner is innocent of the offence alleged against her. According to the petitioner, believing the words of the two guests who are supposed to have stayed in the hotel, the informant herein had forcibly taken a cheque from the petitioner herein. The petitioner has no connection whatsoever with the two persons who are alleged to have stayed in the hotel. It is also submitted that the petitioner/accused has no criminal antecedents.

Heard both sides and perused the records.

According to petitioner the cheque that had been forcibly taken away by the informant in this case had been presented before the Bank, which was dishonoured due to insufficiency of funds in the account. However, instead of proceeding under Section 138 of the Negotiable Instruments Act, the present false case has been registered against the petitioner/accused. Taking into account the nature of the offence alleged to have been committed and also the facts and circumstances of the case, custodial interrogation of the petitioner/accused does not appear to be necessary. In such circumstances, I am of the opinion that pre-arrest bail can be granted to the petitioner.

In the result, the application is allowed subject to the following conditions :

(i) The petitioner in the event of her arrest in the aforesaid crime shall be released on bail on her executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each.

(ii) The petitioner shall appear before the Investigating Officer on all Saturdays between 10 a.m. and 12 noon till the final report is filed. She shall also appear before the Investigating Officer as and when required by the latter.

(iii) The petitioner shall co-operate with the investigation and she shall not intimidate or influence the witnesses in any manner or interfere with the course of investigation.

(iv) The petitioner shall not commit any offence(s) while on bail.