Kerala High Court
Reshma vs State Of Kerala on 25 August, 2022
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.
====================
B.A. No.6120 of 2022
====================
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
