LEKHA Vs. STATE OF KERALA

JUDGEMENT

(1.) Is it legal and proper to issue a direction for deposit of cash by a person, while exercising the power under Section 438(1) read with 438(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), as a condition for granting him the benefit of anticipatory bail? This question arises for consideration in these petitions filed under Section 482 of the Code.

(2.) The petitioner, in all these petitions, is one and the same person. She is accused of committing an offence punishable under Section 420 of the Indian Penal Code. She is one of the accused in the four cases registered as Crime No.226/2019 of the Vallikunnam police station and Crime Nos.667/2019, 669/2019 and 670/2019 of the Kayamkulam police station under Section 420 read with 34 of the Indian Penal Code.

(3.) The prosecution case against the petitioner is that she obtained huge amount of money from four persons for business purpose and also on the promise that she would arrange visa for their close relatives but she did not arrange any visa and that she also did not return the money and thereby committed the offence of cheating.