IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 Bail Appl..No. 5702 of 2011() ----------------------------- CRIME NO.1169 OF 2011 OF CHALAKUDY POLICE STATION PETITIONER/2ND ACCUSED ------------------------------------------ PRINCY JOY,W/O.JOY,NAYATHODAN HOUSE, THIRUTHIPARAMB DESOM,ALUR VILLAGE,CHALAKUDY-VIA, THRISSUR-DISTRICT. BY ADV. SRI.M.R.DHANIL RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. THE SUB INSPECTOR OF POLICE,CHALAKUDY POLICE STATION,THRISSUR-DISTRICT,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM,COCHIN-682031. 2. THE CIRCLE INSPECTOR OF POLICE, CHALAKKUDY CIRCLE,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, COCHIN-682031. 3. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5702 of 2011 ---------------------------------------------- Dated this the 23rd day of December, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.1169 of 2011 of Chalakudy Police Station. 2. The offences alleged against the petitioner are under Sections 409 & 420 read with Section 34 of the Indian Penal Code and Sections 4, 5 and 6 of the Prize Chits and Money Circulation Scheme (Banning) Act. 3. When the Bail Application came up for admission on 02/12/2011, the following order was passed: “3. The prosecution case is that promising high return on investment in Nano Power Corporation, the petitioner induced investors to deposit money in Nano Power Corporation and thus collected a sum of Rupees Five Lakhs Ten thousand from various depositors. The amount was deposited accordingly. It is submitted that the petitioner is not a director of the company or any office bearer connected with the company. Bail Appln.No.5702/2011 : 2 : 4. 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 7/12/2011 and 8/12/2011. 5. Post on 13/12/2011. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.1169 of 2011 of Chalakudy Police Station, till 15/12/2011. 7. 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 that the direction in the order dated 02/12/2011 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 fact that the direction in the order dated 02/12/2011 has been Bail Appln.No.5702/2011 : 3 : 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 Mondays, till the final report is filed 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.5702/2011 : 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