IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 Bail Appl..No. 6201 of 2011() -------------------------- CRIME NO.827/2011 OF KODAKARA POLICE STATION THRISSUR DISTRICT PETITIONER : ACCUSED --------------------- MRS.KALYANI SUBRAMANYAN W/O.KALTHIL SUBRAMANYAN, KALATHIL HOUSE,NENMANIKKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.M.N.MANOJ SRIA.G.UNNIKRISHNAN RESPONDENT: --------------- STATE OF KERALA REPRESENTED THROUGH THE SUB INSPECTOR OF POLICE KODAKARA POLICE STATION,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6201 of 2011 ---------------------------------------------- Dated this the 23rd day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.827 of 2011 of Kodakara Police Station, Thrissur District. 2. The offences alleged against the petitioner are under Sections 406, 417 and 420 read with 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 11/08/2011, the following order was passed: “3. It is stated that the petitioner is a trustee of Dr.Ambedker Samajam (Charitable Trust), Chalakkudy. The objective of the trust is upliftment of the members belonging to the Scheduled Castes and Scheduled Tribes. The trust conducts small scale investment scheme. Collections are taken from the members. It is stated that the trust also helps the needy and amounts are utilized for that purpose also. 4. The allegation is that the subscribers paid `100/- per day on believing that they would get Bail Appln.No.6201/2011 : 2 : a sum of `66,000/- after the deposit of `100/- per day for 600 days. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. 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 17th and 18th August, 2011. 7. Post on 23rd August, 2011. 8. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.827 of 2011 of Kodakara Police Station, till 23rd August, 2011. 9. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any”. 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 11/08/2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the Bail Appln.No.6201/2011 : 3 : fact that the direction in the order dated 11/08/2011 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 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 all alternate Wednesdays, for a period of three months 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. Bail Appln.No.6201/2011 : 4 : 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