Cely Thomas v. State of Kerala

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN`** ``` FRIDAY, THE 5[TH] DAY OF MAY 2023 / 15TH VAISAKHA, 1945 ``` ## **`BAIL APPL. NO. 3523 OF 2023`** ## **`PETITIONER/2ND ACCUSED:`** ``` CELY THOMAS, AGED 36 YEARS D/O. THOMAS, AMBOOKAN (H), THUMBOOR P.O., KOTTANELLUR VILLAGE, CHALAKUDY, THRISSUR, PIN - 680697 BY ADVS. P.JINISH PAUL SNEHA V. ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` SRI.VIPIN NARAYANAN-PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.05.2023, ALONG WITH Bail Appl..3645/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL.NO.3523/2023 & Con. Cases ``` ``` 2 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 5[TH] DAY OF MAY 2023 / 15TH VAISAKHA, 1945 BAIL APPL. NO. 3538 OF 2023 ``` ## **`PETITIONER/2ND ACCUSED:`** ``` CELY THOMAS, AGED 36 YEARS D/O. THOMAS, AMBOOKAN (H), THUMBOOR P.O., KOTTANELLUR VILLAGE, CHALAKUDY, THRISSUR, PIN - 680697 BY ADVS. P.JINISH PAUL SNEHA V. ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` SMT.NIMA JACOB-PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.05.2023, ALONG WITH Bail Appl..3645/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL.NO.3523/2023 & Con. Cases ``` ``` 3 ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 5[TH] DAY OF MAY 2023 / 15TH VAISAKHA, 1945 BAIL APPL. NO. 3541 OF 2023 ``` ## **`PETITIONER/2ND ACCUSED:`** ``` CELY THOMAS, AGED 36 YEARS D/O. THOMAS, AMBOOKAN (H), THUMBOOR P.O., KOTTANELLUR VILLAGE, CHALAKUDY, THRISSUR, PIN - 680697 BY ADVS. P.JINISH PAUL SNEHA V. ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` SRI.VIPIN NARAYANAN-PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.05.2023, ALONG WITH Bail Appl..3645/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL.NO.3523/2023 & Con. Cases ``` ``` 4 ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN ``` ``` FRIDAY, THE 5[TH] DAY OF MAY 2023 / 15TH VAISAKHA, 1945 BAIL APPL. NO. 3543 OF 2023 ``` ## **`PETITIONER:`** ``` CELY THOMAS, AGED 36 YEARS D/O. THOMAS, AMBOOKAN (H), THUMBOOR P.O., KOTTANELLUR VILLAGE, CHALAKUDY, THRISSUR, PIN - 680697 BY ADVS. P.JINISH PAUL SNEHA V. ``` ## **`RESPONDENT:`** ``` STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` SRI.VIPIN NARAYANAN-PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.05.2023, ALONG WITH Bail Appl.3645/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL.NO.3523/2023 & Con. Cases ``` ``` 5 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 5[TH] DAY OF MAY 2023 / 15TH VAISAKHA, 1945 BAIL APPL. NO. 3645 OF 2023 ``` ## **`PETITIONER/2ND ACCUSED:`** ``` CELY THOMAS AGED 36 YEARS D/O. THOMAS, AMBOOKAN (H), THUMBOOR P.O., KOTTANELLUR VILLAGE, CHALAKUDY, THRISSUR, PIN - 680697 BY ADVS. P.JINISH PAUL SNEHA V. ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` SRI.VIPIN NARAYANAN-PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.05.2023, ALONG WITH Bail Appl..3523/2023, 3538/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL.NO.3523/2023 & Con. Cases ``` ``` 6 ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 5[TH] DAY OF MAY 2023 / 15TH VAISAKHA, 1945 BAIL APPL. NO. 3684 OF 2023 ``` ``` AGAINST THE ORDER IN CRMC 951/2023 OF ADDITIONAL SESSIONS COURT (ADHOC)-II, ERNAKULAM ``` ## **`PETITIONER/2ND ACCUSED:`** ``` CELY THOMAS AGED 36 YEARS AMBOOKAN HOUSE, THUMBOOR P.O., KOTANELLUR VILLAGE, CHALAKUDY, PIN - 680697 BY ADVS. P.JINISH PAUL SNEHA V. ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` SMT.NIMA JACOB-PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.05.2023, ALONG WITH Bail Appl..3645/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL.NO.3523/2023 & Con. Cases ``` ``` 7 ``` ## **P.V.KUNHIKRISHNAN, J** ## **-------------------------------B.A.Nos.3523, 3538, 3543, 3541, 3645 and 3684 of 2023** **------------------------------Dated this the 5[th] day of May, 2023** ## **O R D E R** These Bail Applications are filed under Section 438 of Criminal Procedure Code (Cr.P.C.) 2. Petitioner is in these cases are one and same. She is the accused in Crime Nos.2/2023, 3/2023, 4/2023, 5/2023, 9/2023 and 10/2023 of Kalady Police Station. The above cases are registered alleging offence punishable under Section 420 of IPC. 3. The prosecution case is that the 1[st] accused, namely Smt.Anitha cheated the defacto complainants in connection with her business of Foreign Job recruitment in the name of her firm, namely M/s.Easy Career Solutions. It is stated that the defacto complainants paid huge amounts on the belief that they will be given job in Poland. The petitioner is the ``` BAIL APPL.NO.3523/2023 & Con. Cases ``` ## **`8`** ## 2[nd] accused in all these cases. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The counsel for the petitioner submitted that the petitioner has no involvement in these cases. The counsel submitted that petitioner is ready to abide by any conditions if this Court grant her bail. The Public Prosecutor opposed the Bail Application. The Public Prosecutor submitted that if this Court intends to grant her bail, stringent conditions may be imposed. 5. After hearing both sides, I think this Bail Application can be allowed on stringent conditions. The main allegation in these cases are against the 1[st] accused. It is alleged that the defacto complainants paid huge amounts for getting job in Poland. In _**Archana Rana Vs. State of U.P. and Others [2021**_ _**(3) SCC 751]**_ the Apex Court observed that giving money to get job, the offence under Section 420 IPC is normally not attracted. Whether the principle laid ``` BAIL APPL.NO.3523/2023 & Con. Cases ``` ``` 9 ``` down by the Supreme Court is applicable to the fact and circumstances of the case is the matter to be investigated by the Investigating Officer. I don’t want to make any observation about the same. Considering the facts and circumstances of the case, I think the custodial interrogation of the petitioner is not necessary and this bail application can be allowed on stringent conditions. 6. Moreover, it is a well accepted principle that, the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in **Chidambaram P. v. Directorate of Enforcement (2019 (16) SCALE 870)** , after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that, the accused has the opportunity of securing fair trial. 7. Considering the dictum laid down in the above decision and considering the facts and circumstances ``` BAIL APPL.NO.3523/2023 & Con. Cases ``` ``` 10 ``` of this case, this Bail Application is allowed with the following directions: 1. Petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. 2. After interrogation, if the Investigating Officer proposes to arrest the petitioner, they shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the officer concerned; 3. Petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. ``` BAIL APPL.NO.3523/2023 & Con. Cases ``` ``` 11 ``` 4. Petitioners shall not leave India without permission of the jurisdictional Court; 5. Petitioner shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected; 6. If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. Sd/- **P.V.KUNHIKRISHNAN JUDGE** ## **MC**