Sunitha vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the accused in Crime No. 651 of 2021 of Thrithala Police Station, Palakkad District, alleging commission of offences under Sections 406 and 420 r/w Section 34 of the Indian Penal Code.

The allegation raised against the petitioner is that she is the Director of a Company known as 'M/s. Janam Nidhi Ltd.', of which her husband is the Managing Director. It is alleged that huge amounts of money were collected from various persons under the promise that the same would be returned with interest and thereafter, there was a failure on the part of the Company in returning the amounts to the depositors. It is alleged that thereby, the petitioner was clearly guilty of the offences alleged against her.

The learned counsel for the petitioner would submit that though the petitioner is a Director in the aforesaid 'Janam Nidhi Ltd'., Company, she had no role, whatsoever, in the day-to-day management of the Company. It is submitted that the petitioner is a house wife, who had no knowledge, whatsoever, about the management or day-to-day affairs of the Company. It is submitted that in some other cases registered against the petitioner, where identical allegations have been raised, the petitioner was granted anticipatory bail by the Sessions Court with a condition that the petitioner shall appear before the investigating officer on a particular date. It is submitted that on account of COVID-19 infection, the petitioner could not appear on the date fixed by the Sessions Court and extension of time was sought for. Finally, this Court granted extension of time and, in compliance of the direction issued by this Court, the petitioner had appeared before the investigating officer on 02-02-2022. However, the petitioner was arrested and remanded. In Crime No. 651 of Thrithala Police Station, her arrest was recorded on 07.02.2022. It is submitted that the petitioner is a 38-year-old woman and that the continued detention of the petitioner is not necessary for the purposes of any investigation.

I have heard the learned Public Prosecutor also. The learned Public Prosecutor opposes the grant of bail. It is submitted that admittedly, the petitioner is a Director of the Company in question. It is submitted that huge amounts of hard earned money of various persons were lost owing to the activities of the Company and the other accused in the case. It is submitted that the petitioner, being a Director of the Company, cannot take the plea that she is not involved in the day-to-day management of the affairs of the Company. It is submitted that the petitioner and her husband together own about 70% of the shares in the Company. It is submitted that the petitioner is not entitled to be granted bail.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner was granted anticipatory bail by the Sessions Court in respect of other cases involving identical allegations and considering the fact that the petitioner is a woman, aged 38 years, who has been in custody since 07-02-2022 in the crime, to which this application relates, I am of the opinion that the petitioner can be granted bail subject to conditions. I am convinced that the continued detention of the petitioner is not necessary for the purpose of any investigation.

In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(a) The petitioner shall execute 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 jurisdictional court;

(b)The Petitioner shall report before the Investigating officer in Crime No. 651 of 2021 of Thrithala Police Station, Palakkad District, as and when called upon to do so;

(c) The petitioner shall not interfere with the investigation or to influence or intimidate any witness in Crime Crime No. 651 of 2021 of Thrithala Police Station, Palakkad District;

(d)The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions is violated, the investigating officer in Crime No. 651 of 2021 of Thrithala Police Station, Palakkad District, may file an application before the jurisdictional court for cancellation of bail.