High Court of KeralaSingle JudgeBail granted to the applicant under Section 438...

USHA SURESH (A2) v. STATE OF KERALA (Bail Applications in B.A. Nos. 5361 of 2020 and connected cases)

Case / Petition Number:Bail Appl. No. 5361 of 2020 (and connected cases)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P. V. Kunhikrishnan
Judgment Date
2020-09-04
Court Decision / Holding
Bail applications are allowed; the petitioner is granted bail under Section 438 Cr.P.C. with conditions: (1) appearance before the Investigating Officer within ten days for interrogation; (2) if arrest is proposed, release on bond of Rs. 50,000 with two solvent sureties for the same amount; (3) cooperation with investigation; (4) no departure from India without court permission; (5) no commission of similar offences; (6) strict adherence to State/Central Covid-19 guidelines; (7) court retains power to cancel bail for violation.
Final Disposition
Bail granted to the applicant under Section 438 Cr.P.C. with specific conditions as listed in the order; common disposal for all connected bail petitions filed in 2020, with a threat of cancellation if conditions are violated (including social distancing and cooperation requirements).

Parties to the Case

Appellants / Petitioners

  • Usha Suresh (A2)

Respondents

  • State of Kerala represented by Public Prosecutor, High Court of Kerala (682031)

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri K. V. Anil Kumar

Counsels for Respondents

  • • Sri Ajith Murali, PP

Case Synopsis & Summary

These connected bail applications, heard via video conference before a single-judge bench of Justice P. V. Kunhikrishnan, arise from multiple Crime Reports across Kannur, Wayanad, Kottayam, Kollam, Perintalmanna and Ernakulam. The petitioner, Usha Suresh, is the second accused (A2) in all cases; the prosecution alleges she participated in a scheme with others to induce private investors into a company, promising board directorships and monthly remuneration that never materialized, resulting in substantial investments. The first accused, her husband, is described as the principal offender who remains absconding; the petitioner contends she had no direct involvement beyond being a relative and is willing to cooperate with the investigation. The court notes that the petitioner has previously been granted bail in at least one related case (Annexure-2 order) and emphasizes that bail is the rule, with imprisonment the exception, particularly in light of social-distancing requirements during the Covid-19 pandemic. The court relies on Supreme Court guidance regarding prison crowding and applies the familiar bail principle to grant bail with stringent conditions. The common order disposes of all connected petitions, articulating conditions including appearance before the IO, bond, no travel abroad, cooperation, prohibition on new offences, and adherence to Covid-19 norms.

Provisions of Law Cited

Section 438 of Cr.P.C.

Legal Doctrines & Maxims

  • Bail is the rule; jail is the exception.
  • Basic jurisprudence relating to bail remains the same; grant of bail is the rule and refusal is the exception to ensure fair trial.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner is the wife of the 1st accused and has no direct involvement in the alleged fraud; she expressed willingness to cooperate with investigations and abide by stringent conditions. Given prior bail in a related case and the pandemic context, counsel urged granting bail under Section 438 CrPC, subject to safeguards and monitoring.

Contentions of Respondents

The prosecution contends the 1st accused is the main culprit and still absconding; the 2nd accused has alleged involvement and there is a risk of tampering or evading investigation, warranting cautious handling and continued custody; opposed granting bail on grounds of ongoing investigation and the need to prevent further offences.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Re: Contagion of COVID-19 Virus In Prisons caseSuo Motu Writ Petition (C) No.1 of 2020PositiveCited to justify social distancing and other salutary directions for minimizing inmate population in prisons; used to support directions issued in the present bail orders.
Chidambaram P. v. Directorate of Enforcement2019 (16) SCALE 870PositiveCited to reiterate the basic principle that bail is the rule and jail is the exception, guiding the court’s approach to granting bail in these cases.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **FRIDAY, THE 04TH DAY OF SEPTEMBER 2020 / 13TH BHADRA, 1942** **Bail Appl..No.5361 OF 2020** **CRIME NO.537/2019 OF Payyannur Police Station , Kannur** ## **PETITIONER/2ND ACCUSED:** **USHA SURESH AGED 47 YEARS USHASREE, MATTAM NORTH, THATTARAMBALAM, MAVELIKKARA. 690103** **BY ADV. SRI.K.V.ANIL KUMAR** ## **RESPONDENT/COMPLAINANT:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031** **BY ADV.** **SRI.AJITH MURALI, PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.09.2020, ALONG WITH Bail Appl..5370/2020,AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** B.A.No.5361 OF 2020 & Connected cases 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **FRIDAY, THE 04TH DAY OF SEPTEMBER 2020 / 13TH BHADRA, 1942** **Bail Appl..No.5370 OF 2020** **CRIME NO.184/2019 OF Vythiri Police Station , Wayanad** ## **PETITIONER/ACCUSED (A2):** **USHA SURESH AGED 47 YEARS USHASREE, MATTAM NORTH, THATTARAMBALAM, MAVELIKKARA, ALAPPUZHA PIN 690103** **BY ADV. SRI.K.V.ANIL KUMAR** ## **RESPONDENT/COMPLAINANT:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA PIN-682031** **BY ADV** **SRI.RENJITH.T.R., PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.09.2020, ALONG WITH Bail Appl..5361/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** B.A.No.5361 OF 2020 & Connected cases 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **FRIDAY, THE 04TH DAY OF SEPTEMBER 2020 / 13TH BHADRA, 1942 Bail Appl..No.5371 OF 2020** **CRIME NO.538/2019 OF Payyannur Police Station , Kannur** ## **PETITIONER/ACCUSED (A2):** **USHA SURESH AGED 44 YEARS USHASREE, MATTAM NORTH, THATTARAMBALAM, MAVELIKKARA. PIN-690103** **BY ADV. SRI.K.V.ANIL KUMAR** ## **RESPONDENT/COMPLAINANT:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA PIN-682031** **BY ADV** **SRI.AJITH MURALI, PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.09.2020, ALONG WITH Bail Appl..5361/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** B.A.No.5361 OF 2020 & Connected cases 4 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **FRIDAY, THE 04TH DAY OF SEPTEMBER 2020 / 13TH BHADRA, 1942** **Bail Appl..No.5372 OF 2020** **CRIME NO.1564/2019 OF Pala Police Station , Kottayam** ## **PETITIONER/2ND ACCUSED:** **USHA SURESH AGED 47 YEARS USHASREE, MATTAM NORTH, THATTARAMBALAM, MAVELIKKARA. ALAPPUZHA 690103** **BY ADV. SRI.K.V.ANIL KUMAR** ## **RESPONDENT/COMPLAINANT:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031** **BY ADV.** **SRI.RENJITH.T.R., PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.09.2020, ALONG WITH Bail Appl..5361/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** B.A.No.5361 OF 2020 & Connected cases 5 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **FRIDAY, THE 04TH DAY OF SEPTEMBER 2020 / 13TH BHADRA, 1942** **Bail Appl..No.5406 OF 2020** **CRIME NO.429/2019 OF PARIPPALLY POLICE STATION , KOLLAM** ## **PETITIONER/2ND ACCUSED:** **USHA SURESH AGED 47 YEARS USHASREE, MATTAM NORTH, THATTARAMBALAM, MAVELIKKARA. ALAPPUZHA 690103** **BY ADV. SRI.K.V.ANIL KUMAR** ## **RESPONDENT/COMPLAINANT:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031** **BY ADV.** **SRI.RENJITH.T.R., PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.09.2020, ALONG WITH Bail Appl..5361/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** B.A.No.5361 OF 2020 & Connected cases 6 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **FRIDAY, THE 04TH DAY OF SEPTEMBER 2020 / 13TH BHADRA, 1942** **Bail Appl..No.5407 OF 2020** **CRIME NO.1288/2019 OF ADOOR POLICE STATION , PATHANAMTHITTA** ## **PETITIONER/2ND ACCUSED:** **USHA SURESH AGED 44 YEARS USHASREE, MATTAM NORTH, THATTARAMBALAM, MAVELIKKARA. ALAPPUZHA 690103** **BY ADV. SRI.K.V.ANIL KUMAR** ## **RESPONDENT/COMPLAINANT:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031** **BY ADV.** **SRI.AJITH MURALI, PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.09.2020, ALONG WITH Bail Appl..5361/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** B.A.No.5361 OF 2020 & Connected cases 7 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 04TH DAY OF SEPTEMBER 2020 / 13TH BHADRA, 1942** **Bail Appl..No.5408 OF 2020** **CRIME NO.817/2019 OF ERATTUPETTAH POLICE STATION , KOTTAYAM** ## **PETITIONER/2ND ACCUSED:** **USHA SURESH AGED 44 YEARS** **USHASREE, MATTAM NORTH, THATTARAMBALAM, MAVELIKKARA. ALAPPUZHA 690103** **BY ADV. SRI.K.V.ANIL KUMAR** ## **RESPONDENT/COMPLAINANT:** **STATE OF KERALA** **REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031** **BY ADV** ## **SRI.RENJITH.T.R., PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.09.2020, ALONG WITH Bail Appl..5361/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** B.A.No.5361 OF 2020 & Connected cases 8 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **FRIDAY, THE 04TH DAY OF SEPTEMBER 2020 / 13TH BHADRA, 1942** ## **Bail Appl..No.5409 OF 2020** **CRIME NO.1334/2019 OF Medical College Police Station , Thiruvananthapuram** ## **PETITIONER/2ND ACCUSED:** **USHA SURESH AGED 47 YEARS USHASREE, MATTAM NORTH, THATTARAMBALAM, MAVELIKKARA, ALAPPUZHA, 690103** **BY ADV. SRI.K.V.ANIL KUMAR** ## **RESPONDENT/COMPLAINANT:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031** **BY ADV. SRI.AJITH MURALI, PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.09.2020, ALONG WITH Bail Appl..5361/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** B.A.No.5361 OF 2020 & Connected cases 9 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **FRIDAY, THE 04TH DAY OF SEPTEMBER 2020 / 13TH BHADRA, 1942** **Bail Appl..No.5410 OF 2020** **CRIME NO.691/2019 OF NEDUMBASSERY POLICE STATION, Ernakulam** ## **PETITIONER/2ND ACCUSED:** **USHA SURESH AGED 44 YEARS USHASREE, MATTAM NORTH, THATTARAMBALAM, MAVELIKKARA, ALAPPUZHA 690103** **BY ADV. SRI.K.V.ANIL KUMAR** ## **RESPONDENT/COMPLAINANT:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031** **BY ADV.** **SRI.RENJITH.T.R., PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.09.2020, ALONG WITH Bail Appl..5361/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** B.A.No.5361 OF 2020 & Connected cases 10 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 04TH DAY OF SEPTEMBER 2020 / 13TH BHADRA, 1942** **Bail Appl..No.5437 OF 2020** **CRIME NO.767/2019 OF Kuravilangadu Police Station, Kottayam** ## **PETITIONER/2ND ACCUSED:** **USHA SURESH AGED 44 YEARS USHASREE, MATTAM NORTH, THATTARAMBALAM, MAVELIKKARA, ALAPPUZHA 690103** **BY ADV. SRI.K.V.ANIL KUMAR** ## **RESPONDENT/COMPLAINANT:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031** **R1 BY PUBLIC PROSECUTOR** **BY ADV.** **SRI.AJITH MURALI, PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.09.2020, ALONG WITH Bail Appl..5361/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** B.A.No.5361 OF 2020 & Connected cases 11 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **FRIDAY, THE 04TH DAY OF SEPTEMBER 2020 / 13TH BHADRA, 1942 Bail Appl..No.5438 OF 2020** **CRIME NO.290/2019 OF Perinthalmanna Police Station , Malappuram** ## **PETITIONER/ACCUSED (A2):** **USHA SURESH AGED 47 YEARS USHASREE, MATTAM NORTH, THATTARAMBALAM, MAVELIKKARA. PIN-690103** **BY ADV. SRI.K.V.ANIL KUMAR** ## **RESPONDENT/COMPLAINANT:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA PIN- 682031** **BY ADV** **SRI.RENJITH.T.R., PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.09.2020, ALONG WITH Bail Appl..5361/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** B.A.No.5361 OF 2020 & Connected cases 12 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **FRIDAY, THE 04TH DAY OF SEPTEMBER 2020 / 13TH BHADRA, 1942** **Bail Appl..No.5439 OF 2020** **CRIME NO.808/2019 OF Ettumanoor Police Station , Kottayam** ## **PETITIONER/ACCUSED (A2):** **USHA SURESH AGED 47 YEARS USHASREE, MATTAM NORTH, THATTARAMBALAM, MAVELIKKARA. 690103** **BY ADV. SRI.K.V.ANIL KUMAR** ## **RESPONDENT/COMPLAINANT:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031** **BY ADV** **SRI.AJITH MURALI, PP** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.09.2020, ALONG WITH Bail Appl..5361/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** B.A.No.5361 OF 2020 & Connected cases 13 ## **P.V.KUNHIKRISHNAN, J** ----------------------------------------B.A.Nos.5361, 5370, 5371, 5372, 5406, 5407, 5408, 5409, 5410, 5437, 5438 & 5439 of 2020 -----------------------------------------Dated this the 04[th] day of September, 2020 ## **COMMON ORDER** These Bail Applications filed under Section 438 of Criminal Procedure Code were heard through Video Conference. 2. The petitioner is the 2[nd] accused in all the above cases. The allegation against the petitioner is also same. Therefore, I am disposing these bail applications by a common order. 3. The prosecution case is that, a company was formed by the accused along with the other persons and made to believe the defacto complainants in these cases that, they will also be inducted as Directors in the company, and they will get remuneration of Rs.50,000/- per month and also 1% incentive on every month. Believing the above, the defacto complainant in B.A.No.5361 OF 2020 & Connected cases 14 these cases invested huge amount. 4. The further case of the prosecution is that, the defacato complainant in these cases were not inducted as Directors. It is also the case of the prosecution that, the money invested by the defacto complainant in all the above cases were not returned, hence these cases are registered. 5. Heard the learned counsel for the petitioner in all the above cases and the learned Public Prosecutor. 6. The learned counsel for the petitioner submitted that, altogether there are 14 cases against the petitioner. The petitioner is the wife of the 1[st] accused in these cases. The bail applications of the 1[st] accused is dismissed by this Court and the bail application filed by this petitioner was allowed as per B.A.3184/2019, which was filed in connection with crime No.1192/2019 of Muvattupuzha Police Station. In the crime of the present bail applications, the petitioner is arrayed as 2[nd] accused. She has no direct involvement in this case. This Court considered this point after hearing all the defacto complainants B.A.No.5361 OF 2020 & Connected cases 15 who were party in Annexure-2 bail order. The learned counsel for the petitioner submitted that, the petitioner is ready to abide any conditions, if this Court grant him bail. 7. The learned Public Prosecutor opposed these bail applications. He submitted that, the 1[st] accused who is the main culprit in these cases is absconding even now. The 1[st] accused is the husband of the petitioner. Therefore, the learned Public Prosecutor opposed these bail applications. 8. After hearing all the defacto complainant in all these cases, this Court considered the bail application of the 1[st] and 2[nd] accused in B.A.No.3184/2019 which was filed in connection with Crime No.1192/2019 of Muvattupuzha Police Station. This Court rejected the bail application of the 1[st] accused who is involved in several other cases. But this Court granted bail to the petitioner Considering the fact that, she is a lady and the main allegation is against the 1[st] accused. Annexure A2 is the order. Relevant portion of the order is extracted hereunder: _“9. As far as the 2[nd] petitioner is concerned, she is the wife of the 1[st] petitioner. A perusal of_ B.A.No.5361 OF 2020 & Connected cases 16 _the statement filed by the public prosecutor, it can be seen that, the 2[nd] petitioner is involved in Crime No.609/2014 of Mavelikkara Police Station. The counsel for the petitioner submitted that, the 2[nd] petitioner is on bail in that case. Considering the entire facts and circumstances of the case and considering the fact that, the 2[nd] petitioner is a lady, I think, the bail application of the 2[nd] petitioner can be allowed.”_ 9. The learned counsel for the petitioner submitted that, the petitioner is ready to co-operate with the investigation. Considering the entire facts and circumstances of these cases and considering the fact that, the petitioner is released on bail under Section 438 of Cr.P.C. in one of the crime registered against the petitioner as evident from Annexure-2 order, I think these bail applications can also be allowed on stringent conditions 10. Moreover, considering the need to follow social distancing norms inside prisons so as to avert the spread of the novel Corona Virus Pandemic, the Hon'ble Supreme Court in Re: B.A.No.5361 OF 2020 & Connected cases 17 Contagion of COVID-19 Virus In Prisons case (Suo Motu Writ Petition(C) No.1 of 2020) and a Full Bench of this Court in W.P(C)No.9400 of 2020 issued various salutary directions for minimizing the number of inmates inside prisons. 11. 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. 12. Considering the dictum laid down in the above decision and considering the facts and circumstances of these cases, these Bail Applications are allowed with the following directions: 1. The petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation; B.A.No.5361 OF 2020 & Connected cases 18 2. After interrogation, if the Investigating Officer proposes to arrest the petitioner, she shall be released on bail executing 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 officer concerned; 3. The 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 him from disclosing such facts to the Court or to any police officer; 4. The petitioner shall not leave India without permission of the Court; B.A.No.5361 OF 2020 & Connected cases 19 5. The 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. The petitioner shall strictly abide by the various guidelines issued by the State Government and Central Government with respect to keeping of social distancing in the wake of Covid 19 pandemic; 7. 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** VPK