Liji vs State Of Kerala

Bechu Kurian Thomas, J.

This application is filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.

Petitioner is the first accused in Crime No.124 of 2023 of Thrissur Town West Police Station, alleging offences punishable under Sections 379, 406, 419 and 420 read with Section 34 of the Indian Penal Code, 1860.

According to the prosecution, the accused in order to cheat the defacto complainant of an amount of Rs.60 lakhs induced him to believe that the first accused would arrange foreign currency worth Rs.1.20 Crores in return of Rs.60 lakhs and thereafter, collected an amount of Rs.10 lakhs and also robbed the defacto complainant of Rs.50 lakhs and thereby committed the offences alleged.

I have heard Sri.Vishnuprasad Nair as well as Smt.V.Sreeja, learned Public Prosecutor.

Petitioner was arrested on 09.05.2023 and she has been in custody since then.

Even though the second and fourth accused are yet to be arrested, considering the period of detention already undergone and also the nature of allegations, I am of the view that further detention would amount to punishment before conviction. Petitioner is a lady of 35 years. Even though she is alleged to be the mastermind behind the entire allegations, considering the period of detention already undergone, I am of the view that this application ought to be allowed.

Accordingly, I allow this application with the following conditions:-

(a) Petitioner shall be released on bail on her executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall she tamper with the evidence.

(d) Petitioner shall not commit any similar offences while she is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In  case  of  violation  of  any  of  the  above  conditions,  the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.