IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 Bail Appl..No. 7719 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.13823/2008 Dated 06/05/2008 CRIME NO.162/08 OF CHADAYAMANGALAM POLICE STATION PETITIONER ------------------------------ 1. DEEPA K.P. D/O. KARUNAKARAN NAIR, SREE RAMGAM, CHOTAYIL, KILIMANOOR P.O., KILIMANOOR VILLAGE. 2. SUMANGALI AMMA, W/O.BALAKRISHNAN SASIMANDIRAM, @ VAISAKH, KALLIYOOR VILLAGE NILAMEL MURI. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SUB INSPECTOR OF POLICE CHADAYAMANGALAM POLICE STATION. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.7719 of 2008 ----------------------------------------- Dated this the 6th January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 420 and 34 of the Indian Penal Code. According to prosecution, accused 1 to 6 are all partners in a private bank. They canvassed deposits and de facto complainant deposited Rs.3 lakhs in the bank and they failed to return the amount and thereby cheated de facto complainant. 3. Learned counsel for petitioners submitted that first accused is a person, who has allegedly committed the offence. Petitioners are only mother and wife of first accused, who are only partners and they have no active role in running of the business, but they are also implicated as accused, since they are partners. Accused 1, 3 and 5 are already granted bail. 4. Learned Public Prosecutor submitted that petitioners may be directed to surrender before the police, since they are required for interrogation, on the allegation of concealment of BA.7719/08 2 records. Subject to that, he has no objection in granting anticipatory bail, it is submitted. On hearing both sides, I find that anticipatory bail can be granted. Hence, the following order is passed: 1) Petitioners shall surrender before the investigating officer within seven days from today and they shall co-operate with the investigation and make themselves available for interrogation. 2) Thereafter, in case of arrest, they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioners shall report before the investigating officer as and when directed and co-operate with the investigation. ii) Petitioners shall not commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.