Mini vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.1751/2023 of Vattappara Police Station, Thiruvananthapuram, registered against the accused alleging her to have committed the offences punishable under Sections 406 & 420 of the Indian Penal Code, 1860. The petitioner was arrested on 04.12.2023.

The gist of the prosecution case, is that: the accused with an intention to cheat the de-facto complainant gave a false assurance that she would secure a loan, and she received amounts from the de-facto complainant and his relatives through Google Pay and cash; but she failed to keep up to her promise. Thus, the accused has committed the above offences.

Heard; Sri. Jibu P Thomas, the learned counsel appearing for the petitioner and Sri. C. S. Hrithwik, the learned Senior Public Prosecutor appearing for the respondents.

The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusation levelled against her. She has been falsely implicated in the crime. Even going by Annexure-A1 First Information Report[FIR], the transaction is civil in nature. The petitioner has been in judicial custody since 04.12.2023, which is more than a month. The investigation in the case is complete and the final report has been laid. The petitioner’s further detention is unnecessary. Hence, the bail application may be allowed.

The learned Public Prosecutor opposed the application. He submitted that the petitioner is involved in five other crimes of similar nature. There is every likelihood of the petitioner committing a similar offence, if she is let off on bail. Hence, the application may be dismissed. However, he conceded to the fact that the investigation in the case is complete and the final report has been laid on the date of arrest of the petitioner.

After bestowing my anxious consideration to the materials placed on record, and taking note of the fact that the petitioner was arrested on 04.12.2023 and investigation has been completed and the final report has been laid on the very same day of the petitioner’s arrest, I am of the definite view that the petitioner’s further detention is unnecessary. Hence, the application is to be allowed; but subject to stringent conditions.

In the result, the application is allowed, by directing the petitioner to be released on bail on her executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer as and when required;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioner shall not commit any offence while she is on bail;

(iv) The petitioner shall surrender her passport, if any, before the court below at the time of execution of the bond. If she has no passport, she shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(vii)Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below.