IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 Bail Appl..No. 8414 of 2011() ----------------------------- CRIME NO.911/2011 OF HOSDURG POLICE STATION .................... PETITIONER : ACCUSED ------------------------------ SOANA D, D/O.M.A.DIVAKARAN, 'ANNAPOORNA',P.O.THIRUVANGAD, THALASSERY-3,KANNUR DISTRICT. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. RESPONDENT(S): --------------- STATE OF KERALA, S.H.O. HOSDURG POLICE STATION, (CRIME NO.911/2011) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8414 of 2011 --------------------------- Dated this the 14th 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 the accused in Crime No.911 of 2011 of Hosdurg Police Station. 2. The offences alleged against the petitioner are under Sections 379, 381, 403 and 408 of the Indian Penal Code. 3. The prosecution case is the following : One Jamal Abdul Nazar had pledged gold ornaments in the Kanhangad Branch of the Karnataka Bank and had availed two loans. The petitioner was working as a Typist – cum – clerk in the Kanhangad Branch of the Bank for the period from 26.3.2005 to 29.10.2010. When Jamal Abdul Nazar redeemed the ornaments after paying the amounts, it was found that one gold bangle pledged by him was substituted by another gold bangle and that one gold bangle was missing. The petitioner was BA 8414/11 2 suspected of substituting the bangle and of having committed theft of the bangle. A preliminary enquiry was conducted by the Bank and on the basis of the enquiry, a complaint was filed before the court, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, a crime was registered. The petitioner apprehends arrest. The learned counsel for the petitioner submitted that the gold bangles kept in the locker belonging to the petitioner were found missing and in fact the petitioner is the aggrieved person. It is also stated that some other person who took charge a few months before the petitioner was transferred to another branch was done some mischief. The petitioner claims that she is innocent and she has not committed any offence. 4. When the Bail Application came up for admission on 2.11.2011, the following order was passed : “4. Taking into account the facts and circumstances of the case and the nature of the offences, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear BA 8414/11 3 before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 9.11.2011 and 10.11.2011. 5. Post on 14.11.2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.911 of 2011 of Hosdurg Police Station, till 16.11.2011. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” 5. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 2.11.2011 has been complied with by the petitioner. 6. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 2.11.2011 has been complied with by the petitioner, I am of the view that anticipatory bail can BA 8414/11 4 be granted to the petitioner. There will be a direction that in the event of 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 appear before the investigating officer for interrogation as and when required ; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence ; C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; D) 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 csl