Salini vs State Of Kerala

A. Badharudeen, J.

This is an application for regular bail filed by the 1st accused in Crime No.337/2022 of Kongad Police Station, Palakkad, where the prosecution alleges commission of offences punishable under Section 420 r/w 34 of the Indian Penal Code (`IPC' for short hereinafter).

Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the relevant records.

The prosecution allegation is that the 1st accused herein, acting on a newspaper advertisement for remarriage, responded to the defacto complainant with offer to marry him on the premise that she did not marry so far. After maintaining such a relationship, by giving her address within the jurisdiction at Kollam district, she continued the relationship with pretext of marriage, then she had siphoned off Rs.42 lakh from the defacto complainant and she sent the same to the bank account of the 2nd accused and by using the said money, accused Nos.1 and 2 purchased 0.0040 hectare, 0.0202 hectare, 0.0444 hectare in Ananganadi Panchayat in Ambalavattom village and thereby committed the offence of cheating.

The learned counsel would press for regular bail to the petitioner on the submission that she has been in custody from 03.02.2023 and that the petitioner is innocent and the allegations are false. According to him, the allegation that Rs.42 lakh was siphoned off by the defacto complainant with offer to marry the defacto complainant and they maintained such relationship is not believable. Therefore, in consideration of her custody from 03.02.2023 and the substantive improvement in the investigation, the petitioner is liable to be released on bail.

Whereas  the  learned  Public  Prosecutor  zealously opposed bail and submitted that the petitioner is a lady, having involvement in various crimes, starting from 2011 onwards and this is the 7th crime against her in similar nature. In all other crimes also, on the offer to marry, she had siphoned off money from the respective defacto complainants. The learned Public Prosecutor submitted that after cheating and looting huge amount of money from various persons, the 1st accused has been continuing the cheating and looting of money and enjoying the money thereby misappropriated, since she carried the conviction from experience that she could continue the offence, if at all, nabbed, she would get bail easily. The learned Public Prosecutor highlighted details of various crimes wherein the petitioner involved and are extracted hereunder:

i) Crime 33/11 u/s 420 IPC of Chengannur Police Station, Alappuzha;

ii) Crime 62/11 u/s 406, 420 IPC of Kolpuram Police Station, Pathanamthitta

iii) Crime 707/2011 u/s 420 r/w 34 IPC of Koravilangad Police Station, Kottayam District;

iv) Crime 989/14 u/s 120B, 420 r/w 34 IPC of Karunagappally Police Station, Kollam;

v) Crime 878/19 u/s 406, 420 IPC of Kayamkulam Police Station, Alappuzha;

vi) Crime 878/19 u/s 406, 420 IPC of Kayamkulam Police

On perusal of the case diary, the manner in which she had cheated and siphoned off Rs.42 lakh from the defacto complainant by giving offer to marry him is well discernible. It is shocking, rather affraid to note that the petitioner involved in the 7th crime of similar nature. It appears that the petitioner herein has been repeating similar crimes without any fear as she understood that cheating and squeezing money from poor persons with offer to marry is an easy way of money making and the maximum ordeals is short period of under trial detention in jail. Thus the petitioner is a lady, who has no respect to law. Though she was released in 6 crimes prior to this crime, she got involved in this crime and this is the 7th crime. Therefore, I do not find any reason to grant regular bail to the petitioner, at this premature stage of investigation as the same would hamper the investigation and also facilitate the petitioner to repeat similar crimes.

Hence the petition fails and is accordingly dismissed.