Kerala High Court

Bail Appl./10460/2022 of MAYA ALIAS SUJA Vs STATE OF KERALA on 30 December 2022

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 BAIL APPL. NO. 10460 OF 2022 CRIME NO.802 OF 2022 OF PULIKEEZHU POLICE STATION, PATHANAMTHITTA PETITIONER/ACCUSED NO.3: MAYA ALIAS SUJA AGED 45 YEARS W/O LATE

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944BAIL APPL. NO. 10460 OF 2022

CRIME NO.802 OF 2022 OF PULIKEEZHU POLICE STATION, PATHANAMTHITTA

PETITIONER/ACCUSED NO.3:

MAYA ALIAS SUJAAGED 45 YEARSW/O LATE SHAJI , PULLUSSERY, NEDUMPURAM P.OTHIRUVALLA, PIN - 689102

BY ADV M.R.SASITH

RESPONDENTS/COMPLAINANT:

1STATE OF KERALA

REPRESENTED BY PUBLIC PROSECUTOR,

HIGH COURT OF KERALA, PIN – 682 0312NISHA T ANEAR THARAVADU RESTAURANT,PODIYADI P.O, NEDUMPRAM VILLAGE, PATHANAMTHITTA,KERALA, PIN – 680 911BY ADV.NIMA JACOB, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

30.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.G. AJITHKUMAR, J.

-------------------------------

B.A.No. 10460 of 2022

-------------------------------------------------------- Dated this the 30[th] day of December, 2022

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O R D E R

This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.

2. The petitioner is the accused in Crime No.802 of2022 of Pulikeezhu Police Station, Pathanamthitta District forhaving allegedly committed the offences punishable underSections 420 and 406 r/w 34 of the Indian Penal Code, 1860.

3. The prosecution allegation is that the petitioneralong with accused Nos.1 and 2, in furtherance of theircommon intention of cheating the de facto complainant,offered her job in Qatar and received Rs.2,25,000/- (Rupeestwo lakh and twenty five thousand only) each from the defacto complainant and her friend, Smt. Bindu K.V. Havingreceived the money, they failed to provide the job as assuredand thereby they committed the offence mentioned above.

4. The petitioner would contend that she did notinvolve in the alleged crime and without any material orevidence, she was implicated in the crime.

5. The learned Public Prosecutor objects grant of bailto the petitioner. She would contend that although there is nomaterial to establish direct involvement of the petitioner, herassociation with accused Nos.1 and 2 in the alleged incidentis very much evident from the material on record.

6. Having heard the learned counsel on both sides andconsidering the nature of the offence, I am of the view that thedetention of the petitioner during the period of investigation isnot necessary in this case. It is seen that the money wasreceived by accused Nos.1 and 2 and the role of the petitionerwas in introducing the defrauded persons to them. Whether hehad connivance with the act of cheating is a matter for furtherinvestigation, for which her detention is not necessary.

In the result, the bail application is allowed and theapplicant is directed to surrender before the investigatingofficer within two weeks. After interrogation and in the eventof being arrested, she shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousandonly), with two solvent sureties for the like amount each, tothe satisfaction of the investigating officer, and on thefollowing conditions:

(i) She shall not influence or intimidatewitnesses or tamper with evidence;witnesses or tamper with evidence;

(ii) She shall appear before the investigatingofficer as and when called for; andofficer as and when called for; and

(iii) During the bail period, she shall not getinvolved in any offence.involved in any offence.

(iv) She shall surrender her passport beforethe investigating officer, and in case shedoes not have a passport, she shall file anaffidavit to that effect;the investigating officer, and in case shedoes not have a passport, she shall file anaffidavit to that effect; In case of breach of the bail conditions, the prosecutionshall be at liberty to apply for cancellation of the bail beforethe jurisdictional court.

Sd/-

P.G. AJITHKUMAR, JUDGE

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