IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Bail Appl..No. 6306 of 2008() ----------------------------- CMP.4665/2008 of JMFC-V, TVM (SPL.COURT-MARKLIST CASES) IN CBCID CRIME NO.169/CR/2008-MEDICAL COLLEGE P.S. CRIME 480/2008 PETITIONER/A-6 ---------------------------------- BINDU SURESH, AGED 33 YEARS,D/O.LALITHA, 'THIRUVATHIRA'VEEDU NEAR CGO COMPLEX, POONKULAM WARD,THIRUVALLAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): --------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH C.I.D,THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM. 3. THE CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6306 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of October,2008 O R D E R Petition for bail. 2. The alleged offences are under sections 420 read with section 34 of Indian Penal Code. According to prosecution, petitioner is a Branch Manager of a financial institution. Petitioner fraudulently and dishonestly induced various persons to make deposits in the institution on the promise that huge interest will be paid to them. She fraudulently deceived them, with intention to cause wrongful gain to petitioner as well as wrongful gain to depositors. Neither interest nor the amount was paid to depositors. On a complaint made by several persons, a crime was registered against various persons including petitioner and she is the 6th accused. 3. A crime was registered on 27-8-2008 and petitioner was arrested on 22-9-2008. She is in custody since then. Learned counsel for petitioner submitted that petitioner is only an employee under the 1st respondent, who was running the institution and petitioner has not shared any common intention with the 1st accused to commit any offence. She was only acting as a Manager. She has not induced or cheated any person. The element of cheating is absent in the transaction. It is not correct to say that petitioner canvassed deposit with intention to cheat BA 6306/08 -2- persons. She herself and her husband are depositors. 4. It is also submitted that it is only bribe and black money, which are being deposited and it is wrong to say that hard-earned money is in deposit. Petitioner is a woman having two small children and she has been in custody from 22-9-2008 onwards. Petitioner was already interrogated by taking her into police custody on application. No other application is filed so far for getting police custody and hence petitioner may be released on bail, it is submitted. 5. This petition is strongly opposed. Learned Public Prosecutor submitted that though petitioner was released to police custody on application, she has not co-operated with the investigation. Though three days interrogation was required, learned Magistrate granted only permission for one day. Several complaints are received that she had induced several depositors running to hundreds, but she only confessed that 50 depositors were canvassed by her. The materials collected in the investigation do not tally with the information given by her, even with respect to her own income and the wealth that she has amassed during a short period. She has constructed a building worth more than Rs. 40 lakhs. She has no income to make a BA 6306/08 -3- construction of this nature, except from the money which is received in deposit. Huge amount was withdrawn by her, as the investigation reveals. In such circumstances, a deeper investigation is required and if petitioner is granted bail at this stage, she is likely to influence witnesses and tamper with evidence. 6. Learned Public Prosecutor also submitted that originally there were only two accused and during the course of investigation, involvement of as many as 17 accused is brought to light. Several complaints are coming to the respondent's office almost every day making allegations of inducement, cheating etc. by petitioner. The matter is being investigated into. Steps are being taken for recording statement of witnesses under section 164 Cr.P.C. and in the meanwhile, if petitioner is released on bail, it is likely that she will influence the witnesses and that will peril the investigation. The investigation is still in progress and the release of the petitioner will affect the investigation adversely. Police is also taking steps to interrogate petitioner by seeking permission from the learned Magistrate. 7. Learned counsel for petitioner submitted that the allegation of non-co-operation of the petitioner is absolutely false BA 6306/08 -4- and it is contrary to what is stated in the remand report. On hearing both sides, I find that at this stage of investigation, when steps are being taken for recording statement of witnesses under section 164 Cr.P.C. etc., on the peculiar facts and circumstances of this case, if petitioner is released on bail, it is likely that witnesses may be influenced and evidence be tampered and investigation will be adversely affected. Therefore, I am not inclined to grant bail to petitioner at this stage. This petition is dismissed. K.HEMA, JUDGE. mn.