Rohini C C vs State Of Kerala
2022 Latest Caselaw 8562 Ker

Citation : 2022 Latest Caselaw 8562 Ker
Judgement Date : 6 July, 2022

Kerala High Court

Rohini C C vs State Of Kerala on 6 July, 2022

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                    THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                         BAIL APPL. NO. 3391 OF 2022
         CRIME NO.467/2022 OF Town East Police Station, Thrissur
   AGAINST THE ORDER/JUDGMENT IN CRMC 402/2022 OF DISTRICT COURT &
                           SESSIONS COURT,THRISSUR
PETITIONERS/ACCUSED 1 & 2:

     1       ROHINI C C, AGED 32 YEARS,
             DAUGHTER OF CHANDRAN, CHAZHIPADATH HOUSE, PANDIKKAVU
             DESOM, VIYYUR VILLAGE AND POST, THRISSUR, PIN - 680008

     2       VAISAKH,AGED 29 YEARS, S/O. CHANDRAN, CHAZHIPADATH HOUSE,
             PANDIKKAVU DESOM, VIYYUR VILLAGE AND POST, THRISSUR, PIN
             - 680008

             BY ADVS.
             N.ASHOK KUMAR
             RENJU SEBASTIAN


RESPONDENTS/STATE & DEFACTO COMPLAINANT:

     1       STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH
             COURT OF KERALA, PIN - 682031

     2       JAYA RAVEENDRAN, AGED 62 YEARS,
             W/O. RAVEENDRAN, SIVAM APARTMENT - THAIVALAPPIL,
             KUNNATHUMANA LANE, NAKKANAL DESOM, THRISSUR, PIN - 680001

             BY ADVS.
             P.MOHANDAS(ERNAKULAM) P.
             K.SUDHINKUMAR(K/572/2014)
             S.K.ADHITHYAN(K/681/2016)
             SABU PULLAN(K/35/2001)
             GOKUL D. SUDHAKARAN(K/000886/2016)
             K.P.SATHEESAN (SR.)(S-242)


     THIS    BAIL     APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No. 3391 of 2022                    2


                    VIJU ABRAHAM, J.
                 ---------------------
                 B.A. No. 3391 of 2022
              ---------------------------
         Dated this the 6th day of July, 2022
                                    ORDER

This is an application for anticipatory bail.

2. Petitioners are the accused persons 1 & 2 in

Crime No.467 of 2022 of Thrissur Town East Police

Station, registered alleging commission of offences

punishable under Sections 406, 409, 420, 467, r/w 34

of IPC.

3. The prosecution case is that the husband of

the defacto complainant named Mr.Raveendran was a

cancer patient. The petitioners were engaged to

assist the husband of the defacto complainant during

the period from 1.1.2020 to 20.1.2021. It is

alleged that the petitioners during the above period

cheated the husband of the defacto complainant and

took advantage of the mental condition of the

husband of the defacto complainant and made him to

execute documents by which his properties were

purportedly transferred and amounts were withdrawn

from his bank account.

4. The specific case of the petitioners that a

false case has been foisted against them. It is

submitted as regards the Will in question a suit has

been filed by the defacto complainant as O.S.No.66

of 2022 before the Mastiffs' Court, Thrissur, and a

copy of the plaint is produced along with the bail

application is Annexure-A9 and in the said suit

there is a specific pleading by the defacto

complainant that the alleged Will has been cancelled

by the testator himself.

5. Heard the learned counsel for the petitioners

and the learned Public Prosecutor.

6. The learned Public Prosecutor though opposed

the application for bail, submitted that the

petitioners have no other criminal antecedents and

the investigation is going on.

7. Having regard to the facts and circumstances

of the case, and considering the nature of the

allegations against the petitioners, the bail

application is allowed with the following

directions. The petitioners shall surrender before

the investigating officer on 15.07.2022. In the

event of arrest of the petitioners in Crime No.467

of 2022 of Thrissur Town East Police Station, the

petitioners shall be released on bail on the

following conditions:

(i) The petitioners shall execute a bond

for sum of Rs.50,000/- (Rupees fifty

thousand only) each with two solvent

sureties each for the like sum to the

satisfaction of the jurisdictional Court;

(ii) Petitioners shall appear before the

investigating officer in Crime No.467/2022

of Thrissur Town East Police Station as and

when summoned to do so;

(iii) Petitioners shall co-operate with the

investigation and make themselves available

for interrogation whenever required;

(iv) Petitioners shall not tamper with any

evidence;

(v) Petitioners shall not directly or

indirectly make any inducement, threat or

promise to any witness acquainted with the

facts of the case so as to dissuade them

from disclosing such facts to the court or

to any police officer;