Neethu Anilkumar vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, by the sole accused in Crime No.987/2023 of the Karukachal Police Station, registered against her for allegedly committing the offence punishable under Section 420 of the Indian Penal Code. The petitioner was arrested on 26.10.2023.

The prosecution case, in brief, is that the accused with an intention to make unlawful gain received Rs.2,50,000/- from the de facto complainant offering to arrange four air tickets from Nedumbassery to Newzealand on 22.5.2023. Despite receiving the money, she did not arrange their air tickets or return the money. Thus, the accused has committed the above offence.

Heard; Sri.George Mathew, the learned counsel appearing for the petitioner and Smt.Neema T.V, the learned Public Prosecutor appearing for the respondents.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the crime. She has been in judicial custody since 26.10.2023. The investigation in the case is complete. The petitioner's further detention is unnecessary. Hence, the petitioner may be released on bail.

The learned Public Prosecutor opposed the application. She submitted that the petitioner has criminal antecedents since she is involved in 11 other cases of similar nature. Nonetheless, she conceded to the fact that the petitioner has been released on bail in 11 other cases and final report has been laid in this particular case. If at all this Court is inclined to release the petitioner on bail, stringent conditions may be imposed.

After bestowing my consideration of the facts and the materials placed on record,particularly taking note of the fact that the petitioner has been in judicial custody since 26.10.2023, that the investigation is complete and the final report has been laid, I am of the definite view that the petitioner's further detention is unnecessary. Hence, the petitioner is entitled to be released on bail.

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 on every alternate Saturdays between 9 a.m. and 11 a.m for a period of two months and she shall also 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) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below.

(vi) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State of Delhi and another [2020 (1) KHC 663]