IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 Bail Appl..No. 5734 of 2008() ----------------------------- CRIME NO.446/2008 OF PUDUKKAD POLICE STATION PETITIONER/ACCUSED NO.2 ---------------------------------------- SHAKEELA BEEVI, W/O.NAZEER, ASHIK MANZIL KUDAVOOR VILLAGE, VELLOORKONAM DESOM, CHIRAYANKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5734 of 2008 ------------------------------------------------- Dated this the 19th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 420 and 406 read with Section 34 IPC. Petitioner is the second accused. According to prosecution, petitioner along with her husband came to the house of the defacto complainant and entered into an agreement between them and in pursuant to the agreement, gold ornaments were handed over by the defacto complainant to the petitioner. But, petitioner failed to return the value or the gold as agreed between them. Thus, petitioner and her husband allegedly cheated the defacto complainant and committed misappropriation. 3. Learned counsel for the petitioner submitted that the petitioner is a lady and she has absolutely nothing to do with any of the transaction. She has been falsely implicated. It is also submitted that the transaction according to the complainant was between the period 15.2.2004 to 14.9.2006, but, the complaint is filed at a belated stage. 4. Learned public prosecutor submitted that the first accused has already been arrested and granted bail. Petitioner may be directed to surrender before the Investigating Officer for BA No.5734/08 2 interrogation and subject to that condition, he has no objection in granting anticipatory bail, it is submitted. Hence, the following order is passed: (1) Petitioner shall surrender before the Investigating Officer within seven days from today and make herself available for interrogation. (2) Thereafter, in the event of her arrest, if any, she shall be released on bail on her executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: (i) Petitioner shall report before the Investigating Officer as and when directed. (ii) Petitioner shall co-operate with the investigation. (iii) Petitioner shall not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE csl