Rejeena Abdulla vs State Of Kerala
2023 Latest Caselaw 5617 Ker

Citation : 2023 Latest Caselaw 5617 Ker
Judgement Date : 12 May, 2023

Kerala High Court

Rejeena Abdulla vs State Of Kerala on 12 May, 2023

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
        FRIDAY, THE 12TH DAY OF MAY 2023 / 22ND VAISAKHA, 1945
                     BAIL APPL. NO. 2905 OF 2023
 AGAINST THE ORDER/JUDGMENTCMP 164/2023 OF JUDICIAL MAGISTRATE OF
                       FIRST CLASS -I, PUNALUR
PETITIONERS/ACCUSED 1 AND 2:

    1       REJEENA ABDULLA,
            AGED 58 YEARS
            W/O.ABDULLA KUTTY, KOTTAKKATTU VADAKKETHIL
            HOUSE ,PERINGALA, KAYAMKULAM,
            ALAPPUZHA DISTRICT, PIN - 690559

    2       ABDULLA KUTTY,
            AGED 64 YEARS
            KOTTAKKATTU VADAKKETHIL HOUSE PERINGALA,
            KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690559

            BY ADVS.
            T.M.ABDUL LATHEEF
            NITHIN A.R.


RESPONDENTS/STATE & COMPLAINANT:

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

    2       SUB INSPECTOR OF POLICE,
            PUNALUR POLICE STATION PUNALUR P.O., KOLLAM, PIN -
            691305

    3       NIZA BAIJU,
            AGED 36 YEARS
            W/O. LATE MUHAMMED BAIJU NIHAL MANZIL,
            VAZHAVILA,VENCHEMPU P.O., NARIKKAL, PUNALUR, KOLLAM,
            PIN - 691333

            BY ADV.
            SRI. P.G. MANU, SR.PP.
     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
12.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No. 2905 of 2023                -2-


                       P.G. AJITHKUMAR, J.
                       -------------------------------
                         B.A.No. 2905 of 2023
          --------------------------------------------------------
              Dated this the 12th day of May, 2023

                               ORDER

This is an application for anticipatory bail filed

under Section 438 of the Code of Criminal Procedure,

1973.

2. The petitioners are accused Nos.1 and 2 in

Crime No.240 of 2023 of Punalur Police Station for

having allegedly committed the offences punishable

under Sections 294(1), 406, 420 and 306 of the Indian

Penal Code, 1860.

3. The prosecution case is as follows:

There were money transactions between the petitioners

and the husband of the de facto complainant. Following

the dispute in relation to such transactions, the husband

of the de facto complainant, Sri.Baiju, committed suicide.

The de facto complainant was abused by the petitioners

in connection with the said dispute. The deception and

cheating perpetrated by the petitioners had resulted in

the husband of the de facto complainant committing

suicide.

4. The petitioners would contend that they did not

involve in the alleged crime and without any material or

evidence, they were implicated in the crime.

5. The learned Public Prosecutor opposes grant of

anticipatory bail to the petitioners. It is submitted that

considering the nature of the offence, arrest and

questioning of the petitioners is required and if

anticipatory bail is granted, a proper investigation would

not be possible.

6. It is seen that there were several instances of

money transaction between the petitioners and husband

of the de facto complainant. Others in the family were

also seen involved in such transactions. Whether the

dishonesty and deception by the petitioners was the

proximate reason for the death of the husband of the de

facto complainant has to be investigated into.

Considering the nature of the allegations and the

materials, which would be available, detention of the

petitioners during investigation is appeared unnecessary.

The investigating agency will certainly be able to reach a

logical conclusion in the investigation by questioning the

petitioner and collecting the required evidence.

In the result, the bail application is allowed and the

petitioners are directed to surrender before the

investigating officer within two weeks. After

interrogation and in the event of their being arrested,

they shall be released on bail on the execution of a bond

for Rs.50,000/- (Rupees fifty thousand only) each, with

two solvent sureties for the like amount each, to the

satisfaction of the investigating officer, and on the

following conditions:

(i) They shall appear before the Investigating Officer on every Tuesday and Friday for a period of three months or till the final report is filed, whichever is earlier;

(ii) They shall not leave the limits of the

jurisdictional court concerned without prior permission of the Magistrate until further orders;

(iii) They shall not go abroad without the permission of the jurisdictional Court and shall surrender their passports before the investigating officer, and in case they do not have passport, they shall file affidavits to that effect;