IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 Bail Appl..No. 1276 of 2010() --------------------------------------- CRIME NO.439/2009 OF KOIPURAM POLICE STATION, PATHANAMTHITTA PETITIONER/ACCUSED: -------------------------------------- V.G.SASIKALADEVI, AGED 30 YEARS, W/O.JAYACHANDRAN NAIR, SANKARAMANGALAM VEEDU, VALAYAR, AIYOOR VILLAGE. BY ADV. SMT.SIMLA PRABHAKARAN RESPONDENT/ STATE AND COMPLAINANT: -------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE S.I.OF POLICE, KOIPURAM POLICE STATION. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1276 of 2010 ------------------------------- Dated this the 15th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 439/2009 of Koipuram Police Station, Pathanamthitta. 2. The offence alleged against the petitioner is under Section 409 of the Indian Penal Code. 3. Thiruvalla East Co-operative Bank, Thadiyoor Branch is the de facto complainant. The prosecution case is that the accused was working as the Cashier in the said bank and she misappropriated a sum of Rs.55,83, 741/-. It is alleged that on 19/6/2009, one Abraham Mathew deposited Rs.1,25,000/- in his account. The petitioner was the Cashier at that time. Entry of Rs.25,000/- was made in the records. However, in the passbook, full amount was shown. On 3/7/2009, Abraham Mathew deposited Rs.70,000/-. The petitioner did not make any entry in the account of the petitioner in respect of that amount. It is alleged that on 24/7/2009, when Abraham Mathew came to the bank, one of the employees in the bank verified the account and B.A. No. 1276/ 2010 2 found out the irregularities. An audit was conducted. It was found that the petitioner had misappropriated a total amount of Rs.55,83,741/-. It is stated that the petitioner had remitted about half of the amount in the bank. 4. The crime was registered on 14/8/2009. The petitioner was arrested on 13/2/2010 and she was remanded to judicial custody. 5. It is submitted by the learned counsel for the petitioner that the husband of the petitioner died after the crime was registered. 6. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 7. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was laid in the case on 19/2/2010 before the court of the Chief Judicial Magistrate, Pathanamthitta. 8. Taking into account the facts and circumstances of the case and the fact that the petitioner is a widow aged about 54 years and also the fact that charge was laid in the case , I am B.A. No. 1276/ 2010 3 of the view that bail can be granted to the petitioner. 9. The petitioner shall be released on bail on her executing bond for Rs.50,000/-with two solvent sureties each for the like amount to the satisfaction of the Chief Judicial Magistrate, Pathanamthitta subject to the following conditions:- A) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. C) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE scm