Kerala High Court
Rasiya Beegum vs State Of Kerala on 22 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
BAIL APPL. NO. 10162 OF 2022
PETITIONER/ACCUSED NO.2:
RASIYA BEEGUM
AGED 47 YEARS
D/O.KHALID AMEER,
PUTHENPURAYIL HOUSE,
KODAMTHURUTH, KUTHIYATHODE P.O
ALAPPUZHA
PIN - 688526
BY ADV RESMI NANDANAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
BY SRI. M.C.ASHI (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.12.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appln. No. 10162 of 2022 2
VIJU ABRAHAM , J.
===========================
Bail Appln. No. 10162 of 2022
============================
Dated this the 22nd day of December, 2022
ORDER
This is an application for anticipatory bail.
2. The petitioner is the 2nd accused in Crime No. 0995/2022
of Nadakkavu Police Station, Kozhikode District alleging
commission of offence punishable under Section 420 of the Indian
Penal Code.
3. The prosecution allegation is that, on a promise to
arrange a job visa, the 1st accused in this crime has received an
amount of Rs. 30,000/- and thereafter did not arrange the same
and cheated the defacto complainant and thereby committed the
aforesaid offence.
4. The petitioner submitted that she is only an employee of
a travel agency by name 'Al Fanza HR Solution' owned by the 1 st
accused. The 1st accused has received amount from various
persons on a promise to provide job visa and thereafter the
establishment was closed during the first week of November. It is
also submitted that the petitioner being only an employee of the
1st accused, she has not obtained any amount from the defacto
complainant. In a crime of similar nature the petitioner is already
granted anticipatory bail by this Court in Crime No. 0942/2022 as
per order dated 02.12.2022 in B.A. No. 9600/2022.
5. Heard the learned Public Prosecutor also.
6. Considering the facts and circumstances of the case and
considering the fact that the amounts have been transferred to
the account of the 1st accused who is the owner of the firm and
admittedly petitioner is only an employee of the firm, I am of the
opinion that custodial interrogation may not be required for the
purpose of the investigation. Therefore, I am inclined to grant
anticipatory bail to the petitioner, granting limited custody.
In the result, this application is allowed. The Petitioner shall
surrender before the Investigating Officer in Crime No. 0995/2022
of Nadakkavu Police Station on 29.12.2022 at 11 AM and shall
make herself available for interrogation on that day or any other
day/days as directed by the Investigating Officer. The petitioner
shall co-operate with the investigation. In the event of arrest of
the petitioner in Crime No. 0995/2022 of Nadakkavu Police
Station, the petitioner shall be produced before the jurisdictional
Court on the very same day and shall be released on bail subject
to the following stringent conditions.
(i) The petitioner shall execute a 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) The petitioner shall appear before the investigating
officer in Crime No. 0995/2022 of Nadakkavu Police
Station, on every Saturday at 11.00 a.m. until filing of
the final report.
(iii) Petitioner shall report to the Investigating Officer as and
when required for the investigation.
(iv) The petitioner shall not attempt to influence the defacto
complainant or interfere with the investigation or to
influence or intimidate any witness in Crime No.
0995/2022 of Nadakkavu Police Station;
(v) The 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. 0995/2022 of Nadakkavu 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 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
sbk/-
