IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
BAIL APPL. NO. 6120 OF 2022
CRIME NO.402/2022 OF Koraty Police Station, Thrissur
PETITIONER/ACCUSED NO.1:
RESHMA
AGED 30 YEARS,THEKKINIYATH HOUSE
KALAMASSERY DESAM ,ERNAKULAM DISTRICT,
PIN 683104
BY ADVS.
JERRY MATHEW
P.K.VARGHESE
REGHU SREEDHARAN
RAMEEZ M. AZEEZ
K.R.ARUN KRISHNAN
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No.6120 of 2022
.. 2 ..
VIJU ABRAHAM, J.
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B.A. No.6120 of 2022
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Dated this the 25th day of August, 2022
ORDER
This is an application for Anticipatory Bail.
2. The petitioner is the 1 st accused in Crime No.402/2022 of Koratty Police Station, Thrissur alleging commission of offences punishable under Sections 406, 420 r/w Section 34 of the IPC.
3. The prosecution case is that, the petitioner cheated the de facto complainant by offering profit if he invest money in an International marketing business named VIHAAN DIRECT SELLING PVT LTD (Accused No.2) and thereby dishonestly induced the de facto complainant to invest money in accused No.2 - company and he invested Rs.3,76,934/- in accused No.2 company and they failed to give the profit and also return the money obtained from the de facto complainant and thereby committed the aforesaid offences.
4. The learned counsel for the petitioner submitted that she has not committed the offence as alleged by the prosecution. The de facto complainant and the petitioner are relatives and B.A. No. 6120 of 2022 .. 3 ..
accused No.2 is a network marketing company. The petitioner joined the company on July 2019 as instructed by of one of her friend. The only allegation against the petitioner is that she has prompted the de facto complainant to join in marketing business by name Vihaan Direct Selling Pvt Ltd (Accused No.2) and the de facto complainant has invested an amount of Rs.3,24,000/- and thus cheated the de facto complainant.
5. The learned Public Prosecutor, upon instruction, submitted that it is upon the instructions of the petitioner herein that the de facto complainant joined the marketing business and invested an amount of Rs.3,76,934/-. It is further submitted that no other criminal antecedents has been reported as against the petitioner.
6. Having regard to the facts and circumstances of the case and considering the nature of the allegations, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, this application is allowed. It is directed that the petitioner shall surrender before the investigating officer on 31.08.2022, at 11 a.m. and subject himself for interrogation on that day or any other day/days as directed by the investigating B.A. No. 6120 of 2022 .. 4 ..
officer, in the event of arrest of the petitioner in Crime No.402/2022 of Koratty Police Station, Thrissur the petitioner shall be produced before the jurisdictional magistrate on the same day and shall be released on bail, subject to the following conditions:-
(i) 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 ;
(ii) Petitioner shall appear before the investigating officer in Crime No.402/2022 of Koratty Police Station, Thrissur as and when summoned to do so;
(iii) Petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.402/2022 of Koratty Police Station, Thrissur ;
(iv) Petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.402/2022 of Koratty Police B.A. No. 6120 of 2022 .. 5 ..
Station, Thrissur may file an application before the 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 petitioner, even when the petitioner is 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).
Sd/-
VIJU ABRAHAM, JUDGE ded/25.08.2022