IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
BAIL APPL. NO. 2676 OF 2022
PETITIONER/S:
SANJITHA
AGED 35 YEARS
KENT GLASS HOUSE, FLAT NO. 12 (A) 6
KANIYAMBUZHA ROAD, VYTILLA, POONITHURA VILLAGE,
ERNAKULAM, PIN - 682019
BY ADVS.M.T.SURESHKUMAR
SREELAKSHMI SABU
MANJUSHA K
SMITHA PHILIPOSE
SHRI.R.RANJITH,SC,KOOVAPPADY GRAMA PANCH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 JOSEKUTTY JOSE
AGED 41 YEARS
SON OF JOSE MADATHIL, MADATHIL HOUSE, MANKUZHI
ROAD, EDAPALLY NORTH,
ERNAKULAM, PIN - 682024
BY ADVS.PUBLIC PROSECUTOR
SAIBY JOSE KIDANGOOR
BENNY ANTONY PAREL(B-136)
ANOOP SEBASTIAN(K/450/2017)
PRAMITHA AUGUSTINE(K/001133/2019)
IRINE MATHEW(K/001821/2021)
ADITHYA KIRAN V.E(K/001850/2021)
ANJALI NAIR(K/002375/2021)
OTHER PRESENT:
SR.PP - SMT. SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 07.07.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
B.A. No.2676 of 2022 :2:
VIJU ABRAHAM, J.
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B.A. No.2676 of 2022
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Dated this the 7th day of July, 2022
ORDER
This is an application for anticipatory bail.
2. The petitioner is the sole accused in Crime No.311/2022 of Maradu Police Station alleging commission of offence punishable under Section 406 and 420 of Indian Penal Code.
3. The prosecution allegation is that, the petitioner induced the defacto complainant to invest an amount of Rs. 33,19,310/- in an upcoming movie by name "Vikaram" with a promise of immediate repayment and thereby received the said amount on various dates from 06.04.2020 as part payments. The petitioner herein has not repaid the amount till 14.03.2022 and it is alleged that the petitioner has spent the said money on other transactions and alleged to have issued a cheque drawn on an insufficient account in lieu of the money received and thereby committed the above said offence.
4 .The learned counsel for the petitioner submitted that she has been falsely implicated in the above said crime. It is the case of the petitioner that she is a movie producer who has B.A. No.2676 of 2022 :3: produced more than 4 movies in her career in the banner 'Malar Cinema' and she is also a registered movie producer in Producers' Association and one of her movies by name 'Vikaram' is in the post production stage. In the year 2020, the defacto complainant approached the petitioner offering his interest in investing in movie production and thereupon, an amount of Rs.32,50,000/- was received by the petitioner from the defacto complainant. Due to certain issues, that have cropped up later, the relationship between the defacto and the petitioner got worse and further that there was delay in the shooting of the said movie due to Corona outbreak. Thereupon, as demanded by the defacto complainant, through one Arun, the defacto complainant was successful in getting a signed cheque from the petitioner. The petitioner further submits that she is ready and willing to settle the amount due to the defacto complainant.
5. The learned counsel for the defacto complainant, Shri. Saiby Jose Kidangoor, seriously opposed the application for bail mainly submitting that his client has been defrauded to the tune of Rs.33,19,310/-. The learned Public Prosecutor also endorsed the fact that an amount of Rs.33,19,310/- is defrauded at the instance of the petitioner. The B.A. No.2676 of 2022 :4: learned Public Prosecutor also submitted that the petitioner has no other criminal antecedents.
6. It is seen that an interim order has been granted on 30.03.2022 to the effect that the petitioner shall not be arrested in connection with the said crime. The said interim order was extended from time to time and it is still in force.
7. 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 14.07.2022 and shall also subject herself available for interrogation on 15.07.2022 and in the event of arrest in Crime No.311/2022 of Maradu Police Station, 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 Arresting officer ;
(ii) Petitioner shall also appear before the investigating officer in Crime No.311/2022 of B.A. No.2676 of 2022 :5: Maradu Police Station as and when summoned to do so;
(iii) The petitioner shall not attempt to contact the victim or the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.311/2022 of Maradu Police Station;
(iv) The petitioner shall surrender her passport before the jurisdictional court. If the petitioner does not have a passport, she shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;
(v) The petitioner shall not involve in any other crime while on bail.
8. If any of the aforesaid conditions are violated, the investigating officer in Crime No.311/2022 of Maradu Police Station 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 B.A. No.2676 of 2022 :6: 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 sm/