Mumthas v. State of Kerala and The Station House Officer, Nattukal Police Station, Palakkad

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` TUESDAY, THE 26[TH] DAY OF MARCH 2024 / 6TH CHAITHRA, 1946 BAIL APPL. NO. 2311 OF 2024 ``` ``` CRIME NO.111/2024 OF NATTUKAL POLICE STATION, PALAKKAD ``` ## **`PETITIONER/SECOND ACCUSED:`** ``` MUMTHAS AGED 44 YEARS W/O. ASHARAF, MALAYIL VEEDU, PARAMBATH, THALAKKULATHUR, ANNASSERI, KOZHIKODE DISTRICT, PIN- 673317, NOW RESIDING AT THIRUVOTH VEEDU, ANDIKKODE ANNASSERI, THALAKKULATHUR POST, ATHOLI, KOZHIKODE DISTRICT, PIN - 673317 ``` ``` BY ADVS. P.MOHAMED SABAH LIBIN STANLEY SAIPOOJA SADIK ISMAYIL R.GAYATHRI M.MAHIN HAMZA RAYEES P. ALWIN JOSEPH BENSON AMBROSE ``` ## **`RESPONDENTS/STATE & COMPLAINANT:`** - **`1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031`** - **`2 THE STATION HOUSE OFFICER NATTUKAL POLICE STATION, PALAKKAD DISTRICT, PIN - 678554`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` **B.A. No.2311 of 2024** ``` 2 ``` **Dated this the 26[th] day of March, 2024** ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the second accused in Crime No.111/2024 of the Nattukal Police Station, Palakkad, registered against the accused (two in number) for allegedly committing the offences under Section 420 of the Indian Penal Code and Section 66(D) of the Information Technology Act. The petitioner was arrested on 14.03.2024. 2. The gravamen of the prosecution case is that; on 09.01.2024 and 10.01.2024, the accused, with an intention to cheat the husband of the defacto complainant, told him that they would secure a loan for a lower rate of interest and accordingly sent a link to him and received an amount of Rs. 40,500/- on different occasions. But, neither did the accused arrange the loan **B.A. No.2311 of 2024** ``` 3 ``` nor return the amount. Thus, the accused have committed the above offences. 3. Heard; Sri. P. Mohamed Sabah, the learned counsel appearing for the petitioner and Smt. Shynimol. V.O. the learned Senior Public Prosecutor appearing for the respondents. 4. The learned counsel appearing for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against her. She has been falsely implicated in the crime. A reading of Annexure A1 FIR would substantiate that the offences will not be attracted against the petitioner. It is the first accused who allegedly made the representation to the defacto complainant. In any given case, the petitioner has been in judicial custody since 14.03.2024, the petitioner has a family to look after, the investigation in the case is complete, and the recovery has been effected. Therefore, the petitioner's further detention is unnecessary. Hence, **B.A. No.2311 of 2024** ``` 4 ``` the application may be allowed. 5. The learned Public Prosecutor opposed the application. She submitted that the investigation in the case is in progress. Nonetheless, she conceded to the fact that the first accused is still in custody, the investigation in the case, so far as the petitioner is concerned, is practically complete, and the recovery has been effected. Hence, the application may be dismissed. 6. On an anxious consideration of the facts, the materials placed on record, the rival submissions made across the Bar, especially on considering the fact that the petitioner has been in judicial custody since 14.03.2024, that the petitioner is a lady, that the investigation in the case, so far as the petitioner is concerned, is practically complete, and that the recovery has been effected, I am of the definite view that the petitioner’s further detention is not necessary. Hence, I am inclined to allow the bail application. ``` 5 ``` ## **B.A. No.2311 of 2024** In the result, the application is allowed, by directing the petitioner to be released on bail on her executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions: (i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of one month or till the final report is laid, whichever is earlier. She shall also appear before the Investigating Officer as and when required; (ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any ``` 6 ``` ## **B.A. No.2311 of 2024** manner, whatsoever; (iii) The petitioner shall not commit any offence while she is on bail; (iv) The petitioner shall surrender her passport, if any, before the court below at the time of execution of the bond. If she has no passport, she shall file an affidavit to the effect before the court below on the date of execution of the bond; (v) The petitioner shall furnish her present address and permanent address, and her mobile phone number to the court below and the Investigating Officer; (vi) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in **B.A. No.2311 of 2024** ``` 7 ``` accordance with law. (vii) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below. (viii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in **Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].** mtk/26.03.24 **C.S.DIAS, JUDGE** **B.A. No.2311 of 2024** ``` 8 ``` ## **`APPENDIX OF BAIL APPL. 2311/2024`** ## **`PETITIONER ANNEXURES`** ``` ANNEXURE 1TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 111/2024 OF NATTUKAL POLICE STATION, PALAKKAD DISTRICT ``` ``` ANNEXURE 2TRUE COPY OF THE REMAND REPORT OF THE PETITIONER IN CRIME NO. 111/2024 OF NATTUKALPOLICESTATION,PALAKKAD DISTRICT ``` ``` ANNEXURE 3 ``` ``` TRUE COPY OF ORDER DATED 16.03.2024 IN C.M.P. NO. 698/2024 OF THE HONOURABLE JUDICIAL FIRST-CLASS MAGISTRATE COURT, MANNARKKAD ```