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2022 Supreme(Online)(KER) 59639
HIGH COURT OF KERALA
VIJU ABRAHAM, J
SREEKALA HARIKUMAR – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./8755/2022
G.RANJITA, GOVERNMENT PLEADER
Anticipatory bail may be granted where the accused is not the main perpetrator and is willing to cooperate with the investigation.
Headnote:
Bail - Anticipatory Bail - IPC Section List - Sections 420, 34 - This judgment addresses the grant of anticipatory bail to a bank employee accused of cheating under IPC Sections 420 and 34. The court examined the nature of the allegations and the petitioner's role in the case.
Fact of the Case:
The petitioner, an employee of a bank, is accused in a cheating case where the defacto complainant claims to have been defrauded of a large sum of money through non-payment of a fixed deposit. The petitioner argued her innocence, stating she is just a manager and not involved in the financial transactions.
Issues: Whether anticipatory bail can be granted to the petitioner accused of cheating, considering her position and the allegations made against her.
Ratio Decidendi: The court emphasized the importance of the petitioner's role in the crime and her willingness to cooperate with the investigation, thereby justifying anticipatory bail under the prevailing legal standards.
Final Decision: Anticipatory bail granted subject to specific conditions.
O R D E R
This is an application for anticipatory bail.
2. The petitioner is the 2nd accused in Crime No.
1582/2022 of Punaloor Police Station, Kollam District alleging commission of offences punishable under Section 420 read with Section 34 of the Indian Penal Code .
3. The prosecution allegation is that the defacto complainant was cheated by the accused by not paying the promised amount and its interest for the long-term fixed deposit which started from 23.11.2015 for an amount of Rs. 25,00,000/- and causing huge loss to the defacto complainant and thereby accused has committed the alleged offence.
4. The petitioner submitted that she is only an employee of the bank, and and has been working as a manager. There is another manager who manages fixed deposits of the same institution who has been arrayed as 4th accused in the present crime. The petitioner is only a salaried person who manages the functioning of the Punaloor Branch and the company have branches all over Kerala. Petitioner submits that she is totally innocent of the charges levelled against her and is undergoing treatment for heart ailment.
5. The learned Public Prosecutor upon instructions submitted that the defacto complainant has deposited Rs. 25 lakhs and the same has not been returned back. The learned Public Prosecutor further submitted that several complaints have been registered against the company for non-payment of the amount deposited.
6. Considering the facts that petitioner is a lady and she is only an employee of the bank, I am inclined to grant anticipatory bail to the petitioner. Petitioner submitted that she is ready and willing to fully co-operate with the investigation.
In the result, this application is allowed. The Petitioner shall surrender before the Investigating OfÏcer in Crime No. 1582/2022 of Punaloor Police Station on 07.11.2022 at 11 AM and shall make herself available for interrogation on that day or any other day/days as directed by the Investigating OfÏcer. The petitioner shall co-operate with the investigation. In the event of arrest of the petitioner in Crime No. 1582/2022 of Punaloor Police Station, the petitioner shall be produced before the jurisdictional Court on the very same day and shall be released on bail subject to the following stringent conditions.
(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the Jurisdictional Court;
(ii) The petitioner shall appear before the investigating ofÏcer in Crime No. 1582/2022 of Punaloor Police Station, on every Saturday at 11.00 a.m. until filing of the final report.
(iii) Petitioner shall report to the investigating ofÏcer as and when required for the investigation.
(iv) The petitioner shall not attempt to influence the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.
1582/2022 of Punaloor Police Station;
(v) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating ofÏcer in Crime No. 1582/2022 of Punaloor Police Station may file an application before the jurisdictional Court, for cancellation of bail.
It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by the petitioner even when the petitioner is on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another ( 2020 (1) KHC 663 ).
