IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 Bail Appl..No. 6642 of 2008() ----------------------------- CRIME NO.245/2008 OF PALODU POLICE STATION PETITIONERS/ACCUSED 2 & 3 -------------------------------------------- 1. SARASWATHI AMMA @ JAGADHAMMA, CHERUKATTUKIZHAKKUMKARA PUTHEN VEEDU, THRIKKOVILVATTOM, BHARATHANOOR, THIRUVANANTHAPURAM DIST. 2. BINDU.J, W/O.VIJAYAN, CHERUKATTUKIZHAKKUMKARA PUTHEN VEEDU, THRIKKOVILVATTOM, BHARATHANNOOR, THIRUVANANTHAPURAM DIST. BY ADV. SRI.J.JAYAKUMAR RESPONDENT(S): --------------- THE STATION HOUSE OFFICER, PALODU POLICE STATION, NEDUMANGADU, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6642 of 2008 --------------------------------------------- Dated this the 12th November, 2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under Sections 419, 420 and 34 IPC. According to prosecution, 1st accused was working as Appraiser in a bank. He, in furtherance of common intention along with other accused procured Rs.1,21,000/- from the bank by forging spurious gold. The other accused are his own wife, his mother-in-law and another Appraiser. All of them committed the offences in furtherance of common intention. 3. Learned counsel for petitioners submitted that there is a long delay in filing the complaint and according to the bank Manager who is defacto complainant, the delay was caused, since she was expecting the 1st accused to pay the money. Therefore, petitioners may be granted anticipatory bail, it is submitted. 4. Learned Public Prosecutor submitted that 2nd petitioner is none other than the wife of the 1st accused. She had pledged spurious gold ornaments and obtained money in furtherance of common intention with 1st accused and allegations BA No.6642 /2008 2 made against petitioners are serious in nature and in an offence of this nature, anticipatory bail may not be granted, it is submitted. Learned Public Prosecutor also submitted that the crime was registered as early as on 15-7-2008 and petitioners are not available for investigation. 5. Learned public prosecutor submitted that there is some discrepancy in the address of the first petitioner shown in the cause title of this petition. First petitioner is described as “Saraswathi Amma alias Jagadhamma”. As per the allegations made, Jagadhamma who is the first accused's mother in law personated herself as “Saraswathi Amma” who is first accused's mother. But, first petitioner's name is shown as Saraswathi Amma @ Jagadhamma which is misleading. Unless it is made clear now it will create complications later during the trial, it is submitted. 6. First petitioner Jagadhamma is the fifth accused, who is the mother-in-law of the first accused and she is not Saraswathi Amma @ Jagadhamma, it is submitted. If bail application is disposed of without clearing the discrepancy, it is likely that an argument will be raised that the fifth accused is known in both the names and hence, these facts are brought to BA No.6642 /2008 3 the notice of this court, it is submitted. It is also submitted that Saraswathi Amma, who is first accused's mother is not an accused in this case, though she was originally arrayed as an accused. Police does not intend to arrest her, it is submitted. These submissions are recorded. 7. On hearing both sides, I am satisfied that on the ground of mere delay in lodging the complaint, anticipatory bail cannot be granted. The allegations made are serious in nature and in a case of this nature, I do not think it fit to grant anticipatory bail to the accused. The petitioners are directed to surrender before the investigating officer and co-operate with the investigation forthwith. Whether they surrender or not, the police is at liberty to arrest them at any time and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE csl