Thressiamma E.P vs State Of Kerala
2023 Latest Caselaw 5914 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                      BAIL APPL. NO. 9849 OF 2021
   AGAINST THE ORDER/JUDGMENTCRMC 1946/2021 OF DISTRICT COURT &
                        SESSIONS COURT,THRISSUR
        CRIME NO.1797/2021 OF       KUNNAMKULAM POLICE STATION
PETITIONER/2ND ACCUSED:

            THRESSIAMMA E.P.,
            AGED 63 YEARS
            W/O.LATE U.U.JOSE, VAZHAPPILLY HOUSE, CHOWWANNUR,
            KALLAZHIKKUNNU, THRISSUR.

            BY ADV MAHESH V.MENON



RESPONDENT/STATE:

            STATE OF KERALA,
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM-682 031.


OTHER PRESENT:

            SMT.MAYA.M.N, PP




     THIS   BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
24.05.2023, ALONG WITH Bail Appl..1983/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 B.A.No.9849 of 2021

                               2



                  P.V.KUNHIKRISHNAN
              ---------------------
                    B.A.No.9849 of 2021
           ---------------------------
             Dated this the 24th day of May, 2023

                           ORDER

The bail application is filed under Section 438 of

Criminal Procedure Code (Cr.P.C.)

2. The petitioner is the accused in Crime No.1797/2021

of Kunnamkulam Police Station. The above case is

registered against the petitioner alleging offence punishable

under Section 420 r/w Section 34 of IPC.

3. The prosecution case is that the petitioner along

with accused No.1 and 3, was conducting a finance

business under the name and style "New Royal Syndicate"

at Kunnamkulam. The allegation is that the defacto

complainant had pledged a gold chain of 4 sovereigns in the

institutions and when she went to redeem the pledged gold,

the institution found closed. Hence, she is alleged to have

committed the offence.

4. Heard the learned counsel for the petitioner and

the learned Public Prosecutor Smt.Maya M.N. B.A.No.9849 of 2021

5. The learned counsel for the petitioner submits

that the petitioner is ready to abide any conditions, if this

Court grant her bail.

6. The learned Public Prosecutor submitted that the

investigation is going on and the petitioner may be directed

to surrender before the investigating officer for

interrogation.

7. When this bail application came up for

consideration on 08.02.2022 this Court passed the following

order:-

"The learned public prosecutor seeks further time to get instructions.

Post on 18/02/2022.

Taking into account the fact that the petitioner is a 63 years old woman, who is stated to be taking care of her mentally retarded son, there will be an interim order that the petitioner shall not be arrested in connection with Crime No.1797 of 2021 of Kunnamkulam Police Station, till 18/02/2022."

8. Considering the facts and circumstances of the

case, I am of the considered opinion that the custodial

interrogation of the petitioner may not be necessary. The

petitioner can be directed to appear before the B.A.No.9849 of 2021

investigating officer so that the investigating officer can

interrogate the petitioner. If the arrest of the petitioner is

necessary, she shall be released on bail.

9. 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.

10. Considering the dictum laid down in the above

decision and considering the facts and circumstances of

these case, the bail application is allowed with the following

directions:

1. Petitioner shall surrender before the Investigating

Officer within ten days from today and shall undergo

interrogation;

2. After interrogation, if the Investigating Officer

proposes to arrest the petitioner, he shall be released on B.A.No.9849 of 2021

bail on executing a bond for a sum of Rs.50,000/-

(Rupees Fifty Thousand only) with two solvent sureties

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 permission

of the jurisdictional Court;

5. Petitioner shall not commit an offence similar to

the offence of which he is accused, or suspected, of the

commission of which he is suspected;

6. 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 JUDGE bng