Nusrath V.P vs State Of Kerala

C.S. Sudha, J

This is an application under Section 438 Cr.P.C. for per-arrest bail filed by the petitioner/A1 in Crime no.331/2021 of Kadampuzha Police Station, Malappuram District alleging the commission of the offence punishable under Section 420 read with 34 IPC.

The prosecution case is that - accused two in number, in furtherance of their common intention of cheating the informant and making unlawful gain for themselves, promised a Government job in an aided school as High School Assistant to the informant for which she paid an amount of Rs.10 lakhs on various dates. However, contrary to the promise given, neither was she provided with a job nor the money returned to her. Hence, the accused are 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 only at its initial stage and that the petitioner/A1 has criminal antecedents as three other crimes have been registered against her alleging the offenes under Sections 406 and 420 IPC.

It is submitted by the learned counsel for the petitioner/A1 that the petitioner is innocent of the offence alleged against her. It is submitted that the dispute between the parties is actually a money dispute. The petitioner/A1 had advanced an amount of Rs.10 lakhs by pledging her gold ornaments to the informant herein. Out of that amount, an amount of Rs.5.00 lakhs has been repaid by the informant to the accused on 16.11.2019. The non-payment of the balance amount, resulted in the present false crime being registered against the petitioner/A1 at the instigation of her former driver, whom she had terminated from service. It is also submitted that the petitioner/A1, in order to establish her bona fides, is ready to deposit the amount Rs.10,00,000/- which she is alleged to have been received from the informant, before the court.

Heard both sides. Perused the records.

The Investigating Officer reports that there are three other crimes registered against the petitioner/A1. However, from the report of the Investigating Officer, it is seen that the petitioner/A1 has issued three cheques to the informant herein and has also executed an agreement in favour of the former. That being the position, the question whether the ingredients of the offence under Section 420 IPC would be made out is doubtful. The submission made by the learned counsel for the petitioner/A1 that she is ready to deposit an amount of Rs.10 lakhs, the amount alleged to have been paid by the informant to the accused, is recorded. In the circumstances of the case, it does not appear that detention or custodial interrogation of the petitioner/A1 is required as there are documents to evidence to evidence the transaction between the parties. Hence pre-arrest bail can be granted.

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. The petitioner/A1 shall deposit the amount of Rs.10 lakhs in the Treasury and produce the receipt before the Investigating Officer, in the event she is released on bail.

(ii) The petitioner shall appear before the Investigating Officer on all Saturdays between 10 a.m. and 1.00 p.m. 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 shall not intimidate or influence the witnesses in any manner or interfere with the investigation.

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