SHALU VENUGOPAL Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the 3rd accused (A3) in Crime No.368 of 2013 of Perumbavoor Police Station registered for offences punishable under Sections 120B, 406, 419, 420, 468, 471, 201 and 212 read with 34 of Indian Penal Code. She has filed the above application seeking her release on bail under Section 439 of the Code of Criminal Procedure (for short 'the Code').

(2.) I heard learned counsel for petitioner and also learned Public Prosecutor. Allegation is that the first and second accused (A1 and A2) fraudulently and dishonestly induced the de facto complainant to deliver a sum of Rs.45,50,000/ - making false representations that they would install a Solar Plant in his house and also his establishment of a Wind Mill in Tamil Nadu, both of them with government subsidy. Later, after the registration of crime and arrest of second accused, petitioner (A3) shielded the first accused from arrest and enabled him to escape. Petitioner is also alleged to have given first accused her mobile phone and provided him with money, dress etc. while he concealed himself to evade arrest and, later, escaped from police. Through her mother she also got registered a false complaint at a police station to make out a case that she has no association with first accused. Petitioner has thereby committed offences punishable under Sections 201 and 212 of IPC, is the gist of allegation.

(3.) AFTER taking note of the facts and circumstances presented and considering the submissions made, I find gravity of the offences imputed against the other two accused nor even the involvement of petitioner in any other crime for grave offences would not in any way affect her right to seek bail in the present case where the offences imputed against her are shown to be bailable. Both the offences imputed against her in the crime, under Sections 201 and 212 of IPC, are bailable, and when that be so, she is entitled to claim bail as of right. The right to claim bail granted by Section 436 of the Code in a bailable offence is an absolute and indefeasible right, and no question of discretion of the court in granting such bail arise. In the above circumstance, petition is allowed subject to the following conditions: (i) Petitioner shall execute a bond for Rs.25,000/ - with two solvent sureties, for the like sum, by each of them to the satisfaction of the Judicial First Class Magistrate Court -I, Perumbavoor. (ii) Petitioner shall not leave the State till the completion of investigation of crime.