HIGH COURT OF KERALA
SOPHY THOMAS, J
REMYA SHIYAS, – Appellant
Versus
STATE OF KERALA, – Respondent
Bail Appl. 766/2024
Anticipatory Bail - Criminal Procedure - The court denied anticipatory bail to the petitioner accused of cheating under Sections 406 and 420 of IPC, considering the multiple similar crimes registered against the petitioner and the pending cheque cases. The petitioner was directed to surrender before the Investigating Officer for interrogation.
Fact of the Case:
The petitioner filed for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, as the sole accused in a case registered under Sections 406 and 420 of IPC for cheating the defacto complainant.
Finding of the Court:
The court denied anticipatory bail, considering the multiple similar crimes registered against the petitioner and the pending cheque cases. The petitioner was directed to surrender before the Investigating Officer for interrogation.
Issues: The main issue was whether the petitioner should be granted anticipatory bail given the allegations of cheating and the multiple similar crimes registered against the petitioner.
Ratio Decidendi: The court considered the seriousness of the allegations, the pending cheque cases, and the multiple similar crimes registered against the petitioner in denying anticipatory bail.
Final Decision: The bail application was disposed of, and the petitioner was directed to surrender before the Investigating Officer for interrogation.
ORDER
This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 , filed by the sole accused in Crime No.32 of 2024 of Cheranalloor Police Station, Ernakulam, registered under Sections 406 and 420 of IPC .
2. The prosecution allegation is that, the petitioner cheated the defacto complainant by receiving Rs.9,08,500/- making her to believe that, she could invest that money in the business run by the petitioner, and promised that she would be paid back double the amount. But no amount was paid to her.
3. Heard learned counsel for the petitioner and learned Public Prosecutor.
4. Learned Public Prosecutor opposed the bail application stating that, at present three crimes are registered against the petitioner for similar offences of cheating and almost seventeen complaints are received from various persons against the very same petitioner alleging cheating, and more crimes are expected to be registered against her. 5. Learned counsel for the petitioner would submit that, the prosecution allegations are absolutely false, and she is ready to abide by any conditions, imposed by this Court. Moreover, cheque cases are pending against the petitioner for the very same cause of action.
6. Three crimes of similar nature are registered against the petitioner in Cheranelloor police station, and investigation is only at the initial stage. Inspite of receipt of notice under Section 41A of Cr.PC , the petitioner did not appear before the investigating ofÏcer to co-operate with the investigation. Moreover, as submitted by learned Public Prosecutor, almost seventeen complaints are received against the petitioner alleging similar offences of cheating. In such circumstances, this Court is not inclined to release the petitioner on anticipatory bail which is a discretionary relief.
7. Learned counsel for the petitioner would submit that the petitioner is ready to surrender before the Investigating OfÏcer and to co-operate with the investigation. In view of the said submission, the petitioner is directed to surrender before the Investigating OfÏcer on or before 1/3/2024 and subject herself for interrogation. The investigating ofÏcer shall interrogate her to collect all materials and evidence relevant for the purpose of investigation.
8. In the event of arrest, she shall be produced before the jurisdictional Magistrate court on the date of arrest itself. With these directions, this bail application is disposed of.
Sd/-
SOPHY THOMAS JUDGE ska APPENDIX OF BAIL APPL. 766/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE ORDER DATED 24.01.2024 IN CRL.M.C NO.169/2024 ON THE FILES OF DISTRICT AND SESSIONS COURT ERNAKULAM.
Annexure A2 TRUE COPY OF THE FIR DATED 09.01.2024 NUMBERED AS 32/2024 ON THE FILES OF CHERANALLOOR POLICE STATION, ERNAKULAM DISTRICT Annexure A3 TRUE COPY OF THE LEGAL NOTICE DATED
25.02.2022 ISSUED BY THE SRUTHI M. IN THE NAME OF REMYA SHIYAS REGARDING CHEQUE BEARING NUMBER 186983.
Annexure A4 TRUE COPY OF THE LEGAL NOTICE DATED
25.02.2022 ISSUED BY THE SRUTHI M. IN THE NAME OF REMYA SHIYAS REGARDING CHEQUE BEARING NUMBER 186982.
Annexure A5 TRUE COPY OF THE LEGAL NOTICE DATED
25.02.2022 ISSUED BY THE SRUTHI M. IN THE NAME OF REMYA SHIYAS REGARDING CHEQUE BEARING NUMBER 186981.
Annexure A6 TRUE COPY OF THE CASE STATUS OF C.C. NO. 113 OF 2022 ON THE FILES OF JFCM (NI ACT) COURT, ERNAKULAM OBTAINED FROM E-COURTS WEBSITE.
Annexure A7 TRUE COPY OF THE CASE STATUS OF C.C. NO. 114 OF 2022 ON THE FILES OF JFCM (NI ACT) COURT, EMAKULAM OBTAINED FROM E-COURTS WEBSITE.
Annexure A8 TRUE COPY OF THE CASE STATUS OF C.C. NO. 461 OF 2022 ON THE FILES OF JFCM (NI ACT) COURT, ERNAKULAM OBTAINED FROM E-COURTS WEBSITE.
Annexure A9 TRUE COPY OF THE NOTICE DATED 10.01.2024 ISSUED IN THE NAME OF THE PETITIONER BY BRIJUKUMAR, INSPECTOR OF POLICE, CHERANALLOOR POLICE STATION, KOCHI CITY.
Annexure A10 TRUE COPY OF THE SYLLABUS AND EXAM DATE OF STANDARD I OF ST. HANNIBAL'S EM SCHOOL.
Annexure A11 TRUE COPY OF THE OBJECTION FILED BY
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