Sreeranjini vs State Of Kerala

Ziyad Rahman A.A., J

The petitioner is the 2nd accused in Crime No.137/2023 of Palluruthy Police Station, Ernakulam. The offences alleged against the petitioner are under Sections 420 and 406 r/w Section 34 of the Indian Penal Code and also under Section 4 r/w Section 22 and Section 5 r/w Section 23 of BUDS (Banning of Unregulated Deposit Schemes) Act, 2019.

The prosecution case is that the petitioner along with the 1st accused, the husband of the petitioner, induced the de facto complainant to hand over huge amounts by making them believe that the same would be invested in the share market, enabling them to gain huge profits. However, after the receipt of the said amount, they failed to pay the returns and refund the aforesaid amount. The crime was registered in such circumstances. The petitioner has been in custody since 5.1.2023 in connection with similar other cases, and the arrest in this case was recorded on 18.5.2023.

Heard Sri.V.S.Salim, learned counsel for the petitioner and Sri.P.G.Manu, learned Public Prosecutor for the State.

The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations. According to him, the entire activities were being controlled by the 1st accused. Now, the petitioner is in custody since 5.1.2023, and there is no fruitful purpose in continuing the detention further. It is also pointed out that the petitioner was granted bail in all the other cases registered with similar allegations.

The learned Public Prosecutor, on the other hand, would oppose the aforesaid contentions, pointing out that the petitioner and the 1st accused had cheated several persons. A number of criminal cases are registered against the petitioner, and the matter is under investigation. Therefore, release of the petitioner is opposed. It is also pointed out that, immediately after the registration of the crime, the petitioner absconded by moving out of the country and only after the petitioner's passport was impounded she could be arrested. Therefore, in all probability, she is likely to abscond again, if released on bail, the learned Public Prosecutor points out.

I have gone through the records and heard the contentions raised from both sides. It is true that there are allegations against the petitioner, and she is involved in several other cases as well.

However, the fact remains that the petitioner is in custody since 5.1.2023 in connection with some other cases in which, she was arrayed as an accused and the custody in connection with the present case commenced on 18.5.2023. There is substantial progress in the investigation and therefore, I do not find any necessity of further incarceration of the petitioner. As regards the apprehension voiced by the learned Public Prosecutor regarding the possibility of absconding, I am of the view that the same can be addressed by imposing appropriate conditions.

In the result, this application is allowed, and the petitioner is directed to be released on bail, subject to the following conditions:

i) The petitioner shall be released on bail on 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 jurisdictional Court.

ii) The petitioner shall fully cooperate with the investigation.

iii) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of the final report.

iv) The petitioner shall appear before the Investigating Officer as and when required.

v) The petitioner shall not commit any offence of similar nature while on bail.

vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

vii) The petitioner shall not leave the State of Kerala without the permission of the jurisdictional court.

viii) The petitioner shall surrender the passport before the jurisdictional Court, if not already surrendered before the court in connection with any other case. In case, the passport is already surrendered, an affidavit, indicating the details of the case in which such surrender was made, shall be submitted.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.