Sajana Salim vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the first accused in Crime No.576/2022 of Kayamkulam Police Station, Alappuzha District. The offences alleged against the petitioner are under Sections 406, 420 r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, the accused had, with an intention to cheat several persons, made them believe that they will be permitted to become partners in a textile business and collected an amount of more than Rs.2,22,00,000/- and thereafter neither made them partners or returned the money nor provided them with any profit and thereby committed the offences alleged.

I have heard Sri.Noushad Thottathil, learned Counsel for the petitioner as well as Smt.Sreeja V., learned Public Prosecutor.

Petitioner was arrested on 01.05.2023 and has been in custody since then.

Considering the nature of allegations and the period of detention already undergone, I am of the view that, further detention is not essential. Accordingly, I allow this application on 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.