Sathyaja Sankar vs State Of Kerala

Viju Abraham, J

This is an application for anticipatory bail.

Petitioner is the 2nd accused in Crime No.420 of 2021 of Chalakkudy Police station, Thrissur District registered alleging commission of offences punishable under Sections 406 and 420 read with Section 34 of Indian Penal Code.

The prosecution allegation is that the petitioner herein along with the other accused jointly and severally obtained a sum of Rs.11,00,000/- from the de-facto complainant by promising to arrange employment visa of Canada to the de-facto complainant and thereafter cheated him by not arranging the visa as promised and thereby she has committed the aforesaid offences.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner submitted that petitioner has been falsely implicated in the aforesaid crime. In fact, the 1st accused and one Smt.Gomathy were cheated the petitioner.

Petitioner admitted that an amount Rs.3,00,000/- was received by her from the account of the defacto complainant and further submitted that the whole amount was transferred to the account of Smt.Gomathy and the amount has been transferred through bank account. The learned counsel further submitted that the defacto complainant preferred a suit as O.S. No.60 of 2022 before the Munsiff's Court, Chalakkudy in respect of the said transaction.

The learned Public Prosecutor opposed the application for bail mainly contending that the defacto complainant was defrauded by the petitioner on an assurance that he will be provided a job as helper in Canada and obtained Rs.3,00,000/- through bank account and the petitioner received Rs.3,00,000/- through the bank account. Thereafter, he has not given any job or any amount. The learned Public Prosecutor further submitted that the petitioner is also involved in other cases also.

Considering the fact that the petitioner is a lady aged 52 and after considering the facts and circumstances of the case, I feel that custodial interrogation may not be required and a grant of limited custody is required for the purpose of investigation. Hence, I am inclined to grant bail to the petitioner on conditions.

Therefore, the bail application is disposed of with the following directions. The petitioner shall surrender before the investigating officer on 15.10.2022 and make herself available for interrogation on that day or on any other day or days as directed by the investigating officer. In the event of arrest of the petitioner in connection with Crime No.420 of 2021 of Chalakkudy Police station, Thrissur District, she shall be produced before the jurisdictional Magistrate on the very same day and shall be released on bail on the following conditions:

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

(ii) She shall appear before the investigating officer in the abovesaid crime as and when required.

(iii) She shall not tamper with any evidence;

(iv) She shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer;

(v) She shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the Investigating Officer in the abovesaid crime may file an application before jurisdictional court for cancellation of bail.

It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by the petitioners even when the petitioners are on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020 (1) KHC 663).