IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Bail Appl..No. 5283 of 2011() ----------------------------- CRIME NO.139/2011 OF CHITTAR POLICE STATION PETITIONER/ACCUSED: --------------------- SOBHA SUNIL, W/O.SUNIL, THOTTUNKAL HOUSE, VAYATTUPPUZHA, KUMARAMPEROOR VADAKKEKARA MURI, CHITTAR SEETHATHODE VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH SRI.PRAKASH KESAVAN RESPONDENTS: COMPLAINANT/STATE: --------------------------------- 1. THE S.I.OF POLICE, CHITTAR POLICE STATION, PATHANAMTHITTA DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5283 of 2011 ---------------------------------------------- Dated this the 25th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.139 of 2011 of Chittar Police Station. 2. The offences alleged against the petitioner are under Sections 408 and 477-A of the Indian Penal Code. 3. The prosecution case is that while the petitioner was in charge as the Secretary of Vayattuppuzha Ksheerolpadaka Co-operative Society, she falsified the account of the Society and misappropriated a sum of `14,225/- (Rupees Fourteen thousand two hundred and twenty five only) during the period 1995-1996. It is stated that the offence was detected when the audit was conducted. According to the petitioner, she was working as a milk tester in the Society. The learned Public Prosecutor submitted that she was given charge of the Secretary during the relevant period. 4. When the Bail Application came up for admission on 12/07/2011, the following order was passed: Bail Appln.No.5283/2011 : 2 : “4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 19th and 20th July, 2011. 5. Post on 25th July, 2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.139 of 2011 of the Chittar Police Station, till 25th July, 2011.” 5. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 12/07/2011 has been complied with by the petitioner. 6. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 12/07/2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release her on bail on her executing bond for `10,000/-(Rupees Ten thousand Bail Appln.No.5283/2011 : 3 : only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE skj