Lincy Kuriyan vs State Of Kerala

Gopinath P., J

This is an application for anticipatory bail

Petitioner is the 2nd accused in Crime No. 270/2023 of North Parur police station, Ernakulam district, alleging commission of offence under Section 420 r/w. 34 of the Indian Penal Code.

Allegation against the petitioner is that the petitioner along with the other accused, received money from the de facto complainant, promising to arrange a loan for the de facto complainant and thereafter, backed out of the promise and thereby cheated the de facto complainant.

Learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner is an uneducated lady and that she had only handed over her bank account details to the 3rd accused on his request. It is submitted that an amount of Rs.1,49,500/- was transferred by the de facto complainant to the said account of the petitioner and the petitioner had immediately withdrawn the said amount and handed it over to the 3rd accused, without understanding the purpose for which the de facto complainant had transferred money to the account of the petitioner. It is submitted that the petitioner is lady aged 35 years and her custodial interrogation is totally unnecessary in the facts and circumstances of the case.

Heard the learned public Prosecutor also.

Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and considering the facts and circumstances of the case and taking into account the fact that no criminal antecedents have been reported against the petitioner and also taking note of the fact that the petitioner is a lady aged 35 years, I am of the view that the petitioner can be granted anticipatory bail subject to conditions.

In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in crime No.270/2023 of North Parur police Station subject to the following conditions:-

(i) Petitioner shall execute bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Arresting Officer;

(ii) Petitioner shall appear before the investigating officer in Crime No.270/2023 of North Parur Police station as and when summoned to do so;

(iii) The petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.. 270/2023 of North Parur police station;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.270/2023 of North Parur police station may file an application before the jurisdictional court, for cancellation of bail.