IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 Bail Appl..No. 1735 of 2010() ---------------------------------- CRMP.278/2010 of D.C. & SESSIONS COURT,KOLLAM CRIME NO. 815/2009 OF KOLLAM EAST POLICE STATION .................... PETITIONER/ACCUSED : ---------------------------- SARADAMONY, AGED 58 YEARS, D/O.MOHANAN, BALAKRISHNA MANDIRAM SHEHA NAGAR 244, PAZHAYATHU JUNCTION ULIYAKKOVIL CHERRY, KOLLAM EAST VILLAGE. BY ADVS. SRI.V.V.RAJA SRI.M.T.SURESHKUMAR RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE S.I.OF POLICE, PARIPPALLY POLICE STATION THROUGH PUBLIC PROSECUTOR, KOLLAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1735 of 2010 ------------------------------------ Dated this the 5th day of April, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No. 815/2009 of Kollam East Police Station. 2. The offences alleged against the petitioner are under Sections 406, 409 and 418 read with Section 34 of the Indian Penal Code. 3. The petitioner was working as Assistant Sales Woman of Supplyco Super Market, Chinnakkada, Kollam. She retired from Service on 31.03.2009. The prosecution case is that during the period while the petitioner was in service, she along with accused Nos. 1 and 2 misappropriated a sum of Rs.2,34,351/- and caused loss to the Supplyco to the tune of Rs.1,93,303.98/- due to the shortage in stock. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. B.A. No. 1735 / 2010 2 5. The learned counsel for the petitioner submitted that the petitioner had no access to the accounts or to the cash and there was no occasion for the petitioner to deal with the cash of Supplyco. 6. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, 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 Rs. 15,000/- 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 for two months. 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. B.A. No. 1735 / 2010 3 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 ln