Shibi Joy vs State Of Kerala

P.V.Kunhikrishnan, J

This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.)

Petitioner is the accused in Crime No.304/2022 of Rajapuram Police Station. The above case is registered against the accused alleging offences punishable under Sections 416,419, 420,441,465,468 and 471 of IPC and also Section 82 of the Registration Act,1908.

The prosecution case is that the accused executed documents by impersonation and forgery. Hence, it is alleged that accused committed the offence.

Heard the learned counsel for the petitioner and the learned Public Prosecutor. The counsel for the petitioner submitted that the petitioner is the third accused and the case itself is registered based on a private complaint filed before the Magistrate Court. It is also submitted that the petitioner is ready to abide any conditions if this Court grants her bail. The Public Prosecutor seriously opposed the bail application.

After hearing both sides, I am of the considered opinion that the custodial interrogation of the petitioner is not necessary in the facts and circumstances of the case. The crime was registered based on a private complaint filed before the Magistrate Court, which was forwarded under Section 156(3) of Cr.P.C. The petitioner is a lady. The case was registered in the year 2022. The petitioner is directed to surrender before the investigating officer, so that the investigation of the case can be completed. I think this bail application can be allowed on stringent conditions.

Moreover, it is a well accepted principle that, the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in Chidambaram P. v. Directorate of Enforcement (2019 (16) SCALE 870), after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that, the accused has the opportunity of securing fair trial.

Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed with the following directions:

Petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation;

After interrogation, if the Investigating Officer proposes to arrest the petitioner, she shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer concerned;

Petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise 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;

Petitioner shall not leave India without permission of the jurisdictional Court;

Petitioner shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected;

If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court.