IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 Bail Appl..No. 4073 of 2008() ----------------------------- CMP.4086/2008 IN CRIME NO.281/2008 OF PUDUKAD POLICE STATION .................... PETITIONER ACCUSED NO.1: ----------------- DIVYA JOSHY AGED 26 YEARS D/O.CHEERAMBATH MOHANAN W/O.JOSHY, MALANG DESOM ARATTUPUZHA VILLAGE, TRICHUR. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: ------------- 1. LAKSHMIKUTTY, AGED 52 YEARS W/O.KARAYIRA PUZHPAKARAN KARIMANGALAM NEDUPUZHA DESOM TRICHUR TALUK. 2. DEVENDRAN @ UNNI S/O.BHARATHIYAMMA POONKUNNAM DESOM TRICHUR DISTRICT 3. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY DGP SRI.P.G.THAMPI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.4073 of 2008 ------------------------------------------- Dated this the 18th day of June, 2008 ORDER This petition is for bail. 2. A crime is registered against the petitioner and her husband under Sections 420, 294(b) and 506(ii) read with Section 34 IPC. According to the prosecution, the petitioner and her husband allegedly induced the defacto complainant and made her believe that her ailment of cancer in the stomach would be cured, if she had made arrangements to perform certain poojas at 'Sree Rudrath' temple. It is also alleged that the defacto complainant gave Rs.44,700/- towards expenses of the Pooja and though Pooja was conducted the ailment was not cured and thereby, the petitioner and husband allegedly cheated the defacto complainant. 3. Learned counsel for the petitioner submitted that the matter is settled between the parties and that the petitioner is having acute Pneumonia and she is under treatment. 4. Learned DGP, Sri.P.G.Thampi, submitted that the petitioner had to be taken to the hospital even by police and that she is genuinely sick and that the matter is settled between the BA 4073/08 2 parties. It is also submitted that the respondents have no objection in granting bail to the petitioner. It is also pointed out that both the parties have filed affidavits attested by notary public stating that both have no complaints against each other and the entire matter is settled. Hence, according to learned DGP, even investigation may not be required in the matter and hence, even conditions need not be imposed while granting bail. 5. Hence, the petitioner is granted bail on her executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate court concerned. The petition is allowed. K.HEMA, JUDGE csl