IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 Bail Appl..No. 6056 of 2011 CBCID CRIME NO.68/CR/EOW-1/KLM/11 PENDING BEFORE THE COURT OF THE CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM. PETITIONER : ACCUSED NO.2: ------------------------------ DR.PRIYA.S.Y,M.B.B.S,D.C.H.,DIP.N.B W/O.PADMAKUMAR, RESIDING AT A-8,SARANG, PANDITS COLONY,KOWDIAR, THIRUVANANTHAPURAM BY ADV. SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP SRI.MATHEWS RAJU RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. THE DETECTIVE INSPECTOR, C.B.C.I.D.,EOW-1,SUB UNIT, ENCHAKKAL.P.O., THIRUVANANTHAPURAM-695 001. PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO.6056 OF 2011 ------------------------------------------------------ Dated this the 28th day of November, 2011 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 CBCID Crime No.68/CR/EOW-I/KLM/2011. 2. The offences alleged against the accused are under Sections 120B, 468, 406, 427 and 420 read with Section 34 of the Indian Penal Code. 3. One Sajan filed a complaint before the Magistrate's Court alleging offence against the petitioner and her husband. The complaint was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, Crime No.930 of 2010 of Museum Police Station, Thiruvananthapuram was registered. The petitioner is accused No.2 therein. Accused No.1 is her husband. BAIL APPL. NO.6056 OF 2011 :: 2 :: 4. The gist of the allegations are the following: The petitioner and her husband started a company under the name “Lord Sai Securities Private Limited”. The company was doing share broking business. A sum of `48 lakhs was collected from the customers for the purpose of share broking in their favour. A sum of `48 lakhs was thus deposited. That amount was withdrawn by the accused and after diverting the funds, they purchased properties in the name of Pran Developers and Builders Private Limited, another company in which the petitioner and her husband along with the defacto complainant are Directors. While so, without any valid authorisation and without informing the other Directors, the petitioner and her husband sold the immovable property and diverted the funds. It is alleged that the amounts received by sale of the property were deposited in the Service Co-operative Bank at Peroorkada, in the name of Phaneendra Moorthy and Saraswathi Amma. Saraswathi Amma is the mother of accused No.1. It is alleged that the photograph of accused No.1 was affixed in the necessary forms as if he was Phaneendra Moorthy. Likewise, the petitioner affixed her photographs in the necessary forms to make it appear that she is BAIL APPL. NO.6056 OF 2011 :: 3 :: Saraswathi Amma. Thus by opening an account in fake names, the petitioner and her husband allegedly operated the account and effectively screened off the amounts from the beneficiaries of the companies. 5. The allegations levelled against the petitioners are very grave in nature. This is not a case where the discretionary relief under Section 438 of the Code of Criminal Procedure should be granted in favour of the petitioner. The matter requires investigation. Custodial interrogation of the petitioner may be required in the case. If anticipatory bail is granted to the petitioner, it would affect the proper and smooth investigation of the case. It is also most likely that the petitioner may also involve in activities to intimidate and influence the witnesses, if anticipatory bail is granted to her. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/