Kerala High Court
Remya Shiyas vs State Of Kerala on 8 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
MONDAY, THE 8TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946
BAIL APPL. NO. 2645 OF 2024
CRIME NO.63/2024 OF Cheranelloor Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT IN CMP NO.56 OF 2024 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -III(MOBILE), ERNAKULAM
PETITIONERS/PETITIONERS/ACCUSED:
1 REMYA SHIYAS,
AGED 35 YEARS
WIFE OF SRI. SHIYAS, PORUVELI VEEDU, NEAR JUMA MAZJID,
CHAKKARAPARAMBU, THAMMANAM POONITHURA VILLAGE, NOW
RESIDING RENTAL HOUSE AT OYYARTHIL HOUSE, B-9, KENT
VILLA, MAY 1ST ROAD, THAMMANAM P.O., POONITHURA
VILLAGE, ERNAKULAM DISTRICT, KERALA, PIN - 682032
2 SHIYAS,
AGED 39 YEARS
SON OF SRI. BEERAN, PORUVELI VEEDU, NEAR JUMA MAZJID,
CHAKKARAPARAMBU, THAMMANAM, POONITHURA VILLAGE, NOW
RESIDING RENTAL HOUSE AT OYYARTHIL HOUSE, B-9, KENT
VILLA, MAY 1ST ROAD, THAMMANAM P.O., POONITHURA
VILLAGE, ERNAKULAM DISTRICT, KERALA, PIN - 682032
BY ADV LUKE J CHIRAYIL
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 THE INSPECTOR OF POLICE,
CHERANALLOOR POLICE STATION, KOCHI CITY, ERNAKULAM
DISTRICT, KERALA, PIN - 682025
BY ADV.K.M.FAIZAL
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO.2645 OF 2024 2
ORDER
This is an application for regular bail under Section 439 of
the Code of Criminal Procedure, 1973 filed by accused Nos. 1
and 2 in Crime No.63/2024 of Cheranalloor Police Station,
Ernakulam registered under Sections 406 and 420 of IPC.
2. The prosecution allegation is that, the petitioners
cheated the defacto complainant by receiving Rs.13,51,500/-
making her to believe that, she would invest that money in the
business run by the petitioners, promising to pay back double
the amount. But no amount was paid back.
3. Heard learned counsel for the petitioners and learned
Public Prosecutor.
4. Learned Public Prosecutor opposed the bail application.
5. While considering the anticipatory bail application of the
1st petitioner on 21/2/2024 learned Public Prosecutor had
submitted before this Court that seventeen other complaints are
received against the petitioners alleging similar offences of
cheating, so far no other crimes except Crime Nos.23 of 2024,
63 of 2024 and 32 of 2024 of Cheranallor Police Station are seen
registered against them.
6. The petitioners are husband and wife. They are in judicial
custody from 27/2/2024 onwards. They would submit that they
are having a girl child aged 5 years, and now she is under the
care and custody of some other persons. They are ready to
abide by any conditions, imposed by this Court.
7. The petitioners are in judicial custody from 27/2/2024
onwards. Investigation has progressed sustainability. So this
Court is inclined to allow this application on the following
conditions:-
(i). The petitioners shall be released on bail on executing bond for
Rs.3 lakh (Rupees Three Lakh only) by each of them with two
solvent sureties each for the like sum to the satisfaction of the
jurisdictional court.
(ii). The petitioners shall report before the investigating officer, on
alternate Saturdays, starting from 20/4/2024, between 10.00 am
and 11.00 am for a period of three months or till the final report is
filed, whichever is earlier.
(iii). The petitioners shall not influence or intimidate the witnesses
or tamper with the evidence.
(iv). The petitioners have to surrender their passport before the
arresting officer at the time of executing the bond and if they are
not having a passport, they have to file an affidavit to that effect.
(v). The petitioners shall not leave the limits of State of Kerala
without getting prior sanction from the trial court.
(vi). The petitioners shall not commit any offence while on bail.
(vii). In case of violation of any of these conditions, the trial court
is empowered to cancel their bail, in accordance with law.
Sd/-
SOPHY THOMAS
JUDGE
ska
APPENDIX OF BAIL APPL. 2645/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE F.I.R DATED 21.01.2024
NUMBERED AS 63 OF 2024 ON THE FILES OF
CHERANALLOOR POLICE STATION AT ERNAKULAM
DISTRICT.
Annexure A2 TRUE COPY OF THE COMPILATION OF RECEIPTS
EVIDENCING TRANSACTION OF AMOUNT BY THE
PETITIONERS HEREIN AND HER HUSBAND TO THE
ACCOUNTS OF THE DE FACTO COMPLAINANT AND HER
HUSBAND THROUGH GOOGLE PAY PLATFORM.
Annexure A3 TRUE COPY OF THE TRANSACTIONS IN REGARD TO
THE FAILED TRANSACTIONS BETWEEN THE
PETITIONERS WITH THE DE FACTO COMPLAINANT AND
HER HUSBAND ON GOOGLE PAY PLATFORM.
Annexure A4 TRUE COPY OF THE ORDER DATED 21.02.2024 IN
B.A NO.1258 OF 2024 ON THE FILES OF
HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM.
Annexure A5 TRUE COPY OF THE ORDER DATED 21.03.2024 IN
C.M.P 56/2024 IN CRIME NO.63/2024 OF
CHERANALLOOR POLICE STATION, ERNAKULAM ON THE
FILES OF HON'BLE JUDICIAL FIRST CLASS
MAGISTRATE III, ERNAKULAM.
