Jyothy Prasannan vs State Of Kerala Represented By ...
2023 Latest Caselaw 1192 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
 WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                    BAIL APPL. NO. 443 OF 2023
 Crime No.14/2023 of Vadakkancherry Police Station, Palakkad
                             District
PETITIONER/ACCUSED:

          JYOTHY PRASANNAN
          AGED 64 YEARS
          W/O. P.D. PRASANNAN, POZHAKKADAVIL HOUSE,
          CIVIL LINE ROAD, POOTHOLE P.O.,
          THRISSUR, PIN - 680004
          BY ADVS.
          N.U.HARIKRISHNA
          MITHUN BABY JOHN

RESPONDENT/STATE:

          STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
          STATE OF KERALA REPRESENTED BY
          PUBLIC PROSECUTOR, HIGH COURT OF KERALA
          ERNAKULAM, PIN - 682031
OTHER PRESENT:

          PP: SRI. M.C.ASHI


    THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 18.01.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 B.A. No.443 of 2023              :2:




                        VIJU ABRAHAM, J.
         -- -- -- -- -- -- -- -- -- -- -- -- --
                       B.A. No.443 of 2023
         -- -- -- -- -- -- -- -- -- -- -- -- --
              Dated this the 18th day of January, 2023

                                 ORDER

This is an application for anticipatory bail.

2. The petitioner is accused No.2 in Crime No.14/2023 of

Vadakkancherry Police Station, Palakkad District, alleging

commission of offences punishable under Sections 114, 406, 420,

468 and 120B r/w Section 34 of the Indian Penal Code.

3. The case of the defacto complainant is that the accused

persons with an intention to cheat the defacto complainant, took

32.940 grams of gold belonging to the defacto complainant and

pledged without intimating the defacto complainant and thereby

cheated the defacto complainant.

4. The learned counsel for the petitioner submitted that the

petitioner has been falsely implicated in the above said crime. It is

also submitted that the petitioner is the Managing Director of the

firm, working in the head office situated at Valappad. When a

complaint was received from the Supervisors of the firm, a

complaint was lodged by the Area Head, against the 1 st accused in

this crime and two others. The complaint was filed as early as on

19.08.2022 against the actual culprits and a crime was registered

as Crime No.827/2022. The petitioner also submits that she has

absolutely no role in the commission of the alleged offence. It is

further submitted that in a similar case, the petitioner was granted

bail by this Court in B. A. No.9902/2022.

5. The learned Public Prosecutor opposed the application for

bail mainly contending that after receiving a total quantity of

32.940 grams of gold from the defacto complainant, the same was

not returned back by the firm.

6. Having regard to the facts and circumstances of the case

and considering the nature of the allegations, I am of the opinion

that custodial interrogation of the petitioner may not be required

for the purpose of investigation and only a limited custody be

granted for the same. Therefore, 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 23.01.2023, at 11

a.m, and subject herself for interrogation on that day and on any

other day/days (in between 9 am and 6 pm) as directed by the

investigating officer. The petitioner shall co-operate with the

investigation. In the event of arrest in Crime No.14/2023 of

Vadakkancherry Police Station, Palakkad District, she shall be

produced before the jurisdictional Court on the very same day and

shall be released on bail, subject to the following conditions:-

(i) 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.14/2023 of

Vadakkancherry Police Station, Palakkad District , on

every Saturday, at 11 am, for a period of one month

from today;

(iii) Petitioner shall appear before the investigating

officer in Crime No.14/2023 of Vadakkancherry Police

Station, Palakkad District as and when summoned to

do so;

(iv) 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.14/2023 of Vadakkancherry

Police Station, Palakkad District;

(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.14/2023 of Vadakkancherry Police

Station, Palakkad District 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 sm/