Rinci T. Riji v. State of Kerala through Inspector of Police, Ambalappuzha Police Station

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Viju Abraham
Judgment Date: 2022-07-05
Court Decision / Holding: The court granted anticipatory bail to the petitioner on strict conditions, including bond and sureties, attendance on investigation dates, passport surrender or affidavit, no witness tampering, and prohibition on committing further offences; police recoveries permitted in the course of investigation; breach may lead to cancellation of bail.
Final Disposition: Granted anticipatory bail

Parties to the Case

Appellants / Petitioners

RINCI.T.RIJI, aged 29, wife of Cyril V. Monichan, Valiampparambil House, Kuzhazha P.O., Pathanamthitta – 689645

Respondents

State of Kerala through Inspector of Police, Ambalappuzha Police Station, Ambalappuzha – 688561, represented by Public Prosecutor, High Court of Kerala

Legal Representation & Advocates

Counsels for Petitioners

• K.R. Sunil
• Krishna Suresh

Counsels for Respondents

• Smt. Seetha S., Senior Public Prosecutor

Case Synopsis & Summary

These connected anticipatory bail applications arise from four Ambalappuzha Police Station crime numbers (338/2022, 390/2022, 391/2022, 392/2022) of Ambalappuzha alleging conspiracy to commit breach of trust, cheating and criminal subterfuge with a promise of Army employment. The petitioner, Rinci T. Riji, is the 3rd accused and the wife of the 2nd accused; she is alleged to have operated the account through which large sums were transferred to her by defacto complainants, with the 1st accused purportedly directing the scheme. The prosecution contends that the petitioner played a major role in inducing victims to part with money, although it acknowledges the petitioner has no other criminal antecedents besides these cases. The petitioner asserts innocence, contends her husband was the principal actor, and that she merely acted within her professional capacity; she seeks anticipatory bail. After considering the materials and noting that the petitioner is a woman with no prior criminal record, the High Court grants anticipatory bail on strict conditions: appearance before the investigating officer on specified dates, bond of Rs.50,000 with two solvent sureties in each case, surrender of passport (or affidavit if none), prohibition on inducing or intimidating witnesses, and a bar on committing further crimes. The order also allows police recoveries per the Supreme Court’s guidance in Sushila Aggarwal, stating breach may lead to cancellation of bail.

Provisions of Law Cited

Section 420 IPCSection 406 IPCSection 416 IPCSection 34 IPC

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends innocence and asserts no role in the alleged conspiracy; she argues her husband (the 2nd accused) was the organizer and that she had no previous criminal history. She claims the evidence does not establish her culpability beyond reasonable doubt and seeks anticipatory bail on grounds of personal liberty and to assist the investigation, offering to comply with constitutional and procedural safeguards including attendance and cooperation with investigators.

Contentions of Respondents

The State/Prosecution contends that the petitioner played a pivotal role by enabling large transfers through her account and that the 1st accused has a prior history of similar offences; given the alleged scale of the offence and the involvement of multiple accused, anticipatory bail should be denied or conditioned to safeguard ongoing investigations.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Sushila Aggarwal v. State (NCT of Delhi) and another	2020 (1) KHC 663	Positive	Cited to justify imposing and enforcing strict bail conditions and the possibility of cancellation of bail upon breach, aligning with apex court guidelines.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM** **TUESDAY, THE 5[TH] DAY OF JULY 2022 / 14TH ASHADHA, 1944** ## **BAIL APPL. NO. 4150 OF 2022** **Crime No.391 of 2022 of Ambalappuzha Police Station** ## **PETITIONER/3RD ACCUSED:** **RINCI.T.RIJI AGED 29 W/O.CYRIL.V.MONICHAN, VALIAPARAMBIL HOUSE, KUMBAZHA P.O., PATHANAMTHITTA - 689645** **BY ADVS. K.R.SUNIL Krishna suresh** ## **RESPONDENT/COMPLAINANT:** **STATE OF KERALA THROUGH INSPECTOR OF POLICE, AMBALAPPUZHA POLICE STATION, AMBALAPPUZHA688561,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA** **BY SR. PUBLIC PROSECUTOR SMT.SEETHA S** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.07.2022, ALONG WITH Bail Appl..4283/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 2 BA No.4150 of 2022 & Connected cases ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM** **TUESDAY, THE 5[TH] DAY OF JULY 2022 / 14TH ASHADHA, 1944** **BAIL APPL. NO. 4186 OF 2022 Crime No.390 of 2022 of Ambalappuzha Police Station** ## **PETITIONER/3RD ACCUSED:** **RINCI.T.RIJI AGED 29 W/O.CYRIL.V.MONICHAN, VALIAPARAMBIL HOUSE, KUMBAZHA P.O., PATHANAMTHITTA - 689645** **BY ADVS. K.R.SUNIL Krishna suresh** ## **RESPONDENT/COMPLAINANT:** **STATE OF KERALA THROUGH INSPECTOR OF POLICE, AMBALAPPUZHA POLICE STATION, AMBALAPPUZHA688561,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA** **BY SR. PUBLIC PROSECUTOR SMT.SEETHA S** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.07.2022, ALONG WITH Bail Appl..4283/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM** **TUESDAY, THE 5[TH] DAY OF JULY 2022 / 14TH ASHADHA, 1944** **BAIL APPL. NO. 4283 OF 2022 Crime No.338 of 2022 of Ambalappuzha Police Station** ## **PETITIONER/3RD ACCUSED:** **RINCI.T.RIJI AGED 29 W/O.CYRIL.V.MONICHAN, VALIAPARAMBIL HOUSE, KUMBAZHA P.O., PATHANAMTHITTA - 689645** **BY ADVS. K.R.SUNIL Krishna suresh** ## **RESPONDENT/COMPLAINANT:** **STATE OF KERALA THROUGH INSPECTOR OF POLICE, AMBALAPPUZHA POLICE STATION, AMBALAPPUZHA688561,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA** ## **OTHER PRESENT:** **PP - M.C.ASHI** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.07.2022, ALONG WITH Bail Appl..4150/2022, 4186/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 4 BA No.4150 of 2022 & Connected cases ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM** **TUESDAY, THE 5[TH] DAY OF JULY 2022 / 14TH ASHADHA, 1944** **BAIL APPL. NO. 4290 OF 2022 Crime No.392 of 2022 of Ambalappuzha Police Station** ## **PETITIONER/3RD ACCUSED:** **RINCI.T.RIJI AGED 29 W/O.CYRIL.V.MONICHAN, VALIAPARAMBIL HOUSE, KUMBAZHA P.O., PATHANAMTHITTA - 689645** **BY ADVS. K.R.SUNIL Krishna suresh** ## **RESPONDENT/COMPLAINANT:** **STATE OF KERALA THROUGH INSPECTOR OF POLICE, AMBALAPPUZHA POLICE STATION, AMBALAPPUZHA688561,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA** **BY SR. PUBLIC PROSECUTOR SMT.SEETHA S** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.07.2022, ALONG WITH Bail Appl..4283/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 5 BA No.4150 of 2022 & Connected cases ## **VIJU ABRAHAM, J.** **................................................................. B.A. Nos.4150, 4186, 4283 & 4290 of 2022 .................................................................** Dated this the 5[th] day of July, 2022 ## **ORDER** These are applications for anticipatory bail. 2. Petitioner in all these bail applications is the same. She is the 3[rd] accused in Crime Nos.338, 390, 391 and 392 of 2022 of Ambalappuzha Police Station registered alleging commission of offences punishable under Sections 420, 406, 416 and 34 of the Indian Penal Code. 3. Prosecution allegation in all these cases is that the petitioner along with her husband, who is the 2[nd] accused and one Santhosh Kumar, who is arrayed as 1[st] accused, criminally conspired together and committed breach of trust and cheated with an intent for unjust enrichment and the accused have received huge amounts from the defacto complainants therein by offering job in the Indian Army. It is through the account of the petitioner herein that the amounts were transferred by the defacto complainants. 4. The case of the petitioner is that she is totally innocent of the charges levelled against her. Accused 1 and 2 are already arrested and are in judicial custody. Petitioner is the wife of the 2[nd] accused and was 6 BA No.4150 of 2022 & Connected cases working as System Administrator at RM Education Pvt. Ltd.in Techno Park, Thiruvananthapuram. The 2[nd] accused who is the husband of the petitioner was the Manager of an establishment run by 1[st] accused. 2[nd] accused as per the instruction of the 1[st] accused permitted the defacto complainants to transfer amounts to the account of the petitioner/3[rd] accused and immediately thereafter the entire amount was transferred from her account. 5. Learned Public Prosecutor upon instructions submitted that huge amounts were obtained by the accused by dishonestly inducing the defacto complainants to pay amounts on a promise that they would secure job in the Army. Learned Public Prosecutor further submitted that the petitioner has a major role in the commission of the alleged offences inasmuch as the petitioner along with 2[nd] accused was instrumental in inducing the candidates and their family members to transfer amounts. It is also submitted that the 1[st] accused has a past of committing similar type of offences and he has been involved in seven similar cases. Learned Public Prosecutor upon instruction further submitted that the petitioner has no other criminal antecedents other than the cases which were filed in connection with the alleged incident. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner is a lady having no criminal antecedents, I am inclined to grant b ail on strict conditions. Petitioner shall appear before the investigating officer on 11[th] and 12[th] 7 BA No.4150 of 2022 & Connected cases July, 2022 and co-operate with the investigation. In the event of arrest, petitioner shall be released on bail on the following conditions: (i) Petitioner shall execute a bond for Rs.50,000/(Rupees fifty thousand only) each in all crimes with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court. (ii) She shall appear before the investigating officer on every Saturdays at 11.00 a.m. until filing of final report and co-operate with the investigation. (iii) She shall surrender her passport before the jurisdictional Court. If the petitioner does not have a passport, she shall file an affidavit to that effect before the jurisdictional Court. (iv) She shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer. (v) She shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the Investigating Officer in Crime Nos.338, 390, 391 and 392 of 2022 of Ambalappuzha Police Station may file an application before 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 BA No.4150 of 2022 & Connected cases 8 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).** Sd/- **VIJU ABRAHAM JUDGE** cks