Suma Omana vs State Of Kerala
2023 Latest Caselaw 6983 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
                 BAIL APPL. NO. 7717 OF 2022
PETITIONER/ACCUSED NO.2:

          SUMA OMANA
          AGED 38 YEARS
          D/O. JAY ALEXANDER, H .NO.186,
          DARPAN ENCLAVE, MORINDA ROOP NAGAR ,
          PUNJAB HAVING LOCAL ADDRESS AT CMS TOWER,
          SASTHAMCOTTA, KOLLAM., PIN - 690521
          BY ADVS.
          NOBEL RAJU
          C.R.JAYAKUMAR

RESPONDENTS/COMPLAINANT:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031
    2     STATION HOUSE OFFICER, KAYAMKULAM
          THE STATION HOUSE OFFICER,
          KAYAMKULAM POLICE STATION,
          ALAPPUZHA, PIN - 690502
          BY ADV PUBLIC PROSECUTOR

OTHER PRESENT:

          SRI.B.S.SYAMANTAK, PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No.7177/2022

                                  2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                      B.A.No.7717 of 2022
             ----------------------------------------------
            Dated this the 22nd day of June, 2023


                              ORDER

This Bail Application is filed under Section 438 of

Criminal Procedure Code (Cr.P.C.)

2. Petitioner is the accused in Crime No.525/2022 of

Kayamkulam Police Station. The above case is registered

against the petitioner alleging offence punishable under

Section 420 read with Section 34 IPC.

3. The prosecution case is that the accused, with a

common intention to cheat the defacto complainant by

offering employment as Driver of Uber cabs in Poland,

collected huge amount and cheated.

4. Heard the learned counsel for the petitioner and

the learned Public Prosecutor.

5. This bail application is pending before this Court

from 27.09.2022. The crime is registered in the year 2022. B.A.No.7177/2022

Even now the petitioner is not arrested by the Investigating

Officer. That itself shows that the custodial interrogation of

the petitioner is not necessary. It is true that the allegation

against the petitioner is serious. The Public Prosecutor

submitted that Accused Nos.1 and 4 are now abroad and that

is why the investigation is not completed. But the petitioner

can be directed to appear before the Investigating Officer and

co-operate with the investigation. Moreover, the petitioner is

a lady. Considering the facts and circumstances of the case, I

think this bail application can be allowed on stringent

conditions.

6. Moreover, it is a well accepted principle that, the

bail is the rule and the jail is the exception. The Hon'ble

Supreme Court in Chidambaram P. v. Directorate of

Enforcement (2019 (16) SCALE 870), after considering all

the earlier judgments, observed that, the basic jurisprudence

relating to bail remains the same inasmuch as the grant of bail

is the rule and refusal is the exception so as to ensure that,

the accused has the opportunity of securing fair trial.

7. Considering the dictum laid down in the above B.A.No.7177/2022

decision and considering the facts and circumstances of this

case, this Bail Application is allowed with the following

directions:

1. Petitioner shall appear before the Investigating

Officer within two weeks from today and shall

undergo interrogation;

2. After interrogation, if the Investigating Officer

proposes to arrest the petitioner, she shall be

released on bail on executing 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 officer concerned;

3. Petitioner shall appear before the Investigating

Officer for interrogation as and when required.

The petitioner shall co-operate with the

investigation and shall not, directly or indirectly

make any inducement, threat or promise to any

person acquainted with the facts of the case so

as to dissuade them from disclosing such facts to

the Court or to any police officer;

4. Petitioner shall not leave India without B.A.No.7177/2022

permission of the jurisdictional Court;

5. Petitioner shall not commit an offence similar to

the offence of which she is accused, or

suspected, of the commission of which they are

suspected;

6. The petitioner shall appear before the

Investigating Officer on alternative Mondays at

10 am, till final report is filed.

7. If any of the above conditions are violated by the

petitioner, the jurisdictional Court can cancel the

bail in accordance to law, even though the bail is

granted by this Court.

sd/-

                                               P.V.KUNHIKRISHNAN
JV                                                    JUDGE
 B.A.No.7177/2022





               APPENDIX OF BAIL APPL. 7717/2022

PETITIONER ANNEXURES
AnnexureA1        A TRUE COPY OF THE FIR NO 525/2022 OF
                  KAYAMKULAM POLICE
Annexure A2       A TRUE COPY OF THE COMPLAINT PREFERRED

BY THE PETITIONER TO THE CHANDIGARH POLICE