Kerala High Court
Mallika vs State Of Kerala on 15 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA,
1945
BAIL APPL. NO. 735 OF 2024
CRIME NO.14/2024 OF VALAVUPACHA POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT CRMC 60/2024 OF DISTRICT COURT
& SESSIONS COURT,KOLLAM
PETITIONER/ACCUSED 2 AND 3:
1 MALLIKA,
AGED 54 YEARS
D/O.THANKAMMA, SUMITHA BHAVAN, BHARATHIPURAM,
EZHAMKULAM, THINKALKARIKOM VILLAGE, PUNALUR
TALUK, KOLLAM, PIN - 691310
2 SUMITHA,
AGED 35 YEARS
D/O.MALLIKA, SUMITHA BHAVAN, BHARATHIPURAM,
EZHAMKULAM, THINKALKARIKOM VILLAGE, PUNALUR
TALUK, KOLLAM, PIN - 691310
BY ADV AJAYA KUMAR. G
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER,
VALAVUPACHA POLICE STATION, PUNALUR , KOLLAM,
PIN - 691310
SR.PP-SRI.VIPIN NARAYANAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA No.735/2024
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SOPHY THOMAS, J
=========================
Bail.Appl.No.735/2024
==========================
Dated this the 15th day of February, 2024
ORDER
This is an application for anticipatory bail under Section
438 of CrPC filed by accused nos.2 and 3 in Crime No.14/2024
of Valavupacha Police Station, Kollam, registered under
Sections 419, 420 and 34 of IPC.
2. The prosecution allegation is that, the petitioners,
along with accused nos.1 and 4, cheated the de-facto
complainant and received Rs.12,45,000/- from the de-facto
complainant on a false representation to pay Rs.20,00,000/-,
when they get loan under PMEGP Scheme.
3. Heard learned counsel for the petitioners and
learned Public Prosecutor.
4. Learned Public Prosecutor opposed the bail
application, stating that the 2nd petitioner (A3) is having
criminal antecedents and two other crimes are pending against
her for similar offences of cheating; whereas, no criminal
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antecedents are reported against the 1st petitioner (A2) except
this crime. The 1st petitioner (A2) is a lady aged 54 years and
the allegation is that, she received Rs.1,50,000/- from the de-
facto complainant misrepresenting her as a bank official.
5. Since no criminal antecedents are there against the
1st petitioner (A2), this Court is inclined to grant her pre-arrest
bail; since the 2nd petitioner (A3) is having criminal
antecedents of similar nature, this Court is not inclined to
release her on pre-arrest bail.
6. In the result, the application is allowed in part in
favour of the 1st petitioner (A2) on the following terms:
i. The 1st petitioner (A2) shall surrender before the
Investigating Officer on or before 21.02.2024 and subject
herself for interrogation. In the event of arrest, she shall be
released on bail on executing bond for Rs.1,00,000/- (Rupees
One Lakh only) with two solvent sureties each for the like sum
to the satisfaction of the Arresting Officer.
ii. Thereafter, the 1st petitioner (A2) shall report before
the Investigating Officer, as and when directed.
iii. The 1st petitioner (A2) shall not influence or
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intimidate the witnesses, or tamper with the investigation.
iv. The 1st petitioner (A2) shall not leave the limits of
Kerala without getting prior permission from the jurisdictional
court.
v. The 1st petitioner (A2) shall surrender her passport
before the Trial Court within ten days of executing the bond
and if she is not having a passport, she has to file an affidavit
to that effect.
vi. The 1st petitioner (A2) shall not commit any offence
while on bail.
vii. In case of violation of any of these conditions, the
jurisdictional court is empowered to cancel her bail, in
accordance with law.
7. The 2nd petitioner (A3) is directed to surrender
before the Investigating Officer on or before 21.02.2024 and on
her arrest, she shall be produced before the jurisdictional
Magistrate Court on the date of arrest itself.
If the 2nd petitioner (A3) files an application for regular
bail, the jurisdictional Court has to consider it on merit and
pass appropriate order on the date of application itself, as far
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as possible.
With these directions, above application stands allowed in
part.
Sd/-
SOPHY THOMAS
JUDGE
ACR
