IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 Bail Appl..No. 5646 of 2009() ----------------------------- CRIME NO.353/2009 OF ANCHAL POLICE STATION, KOLLAM DISTRICT PETITIONER/ACCUSED -------------------------------------- R.SHEEBA, D/O.NIRMALA, SHEEBA SADANAM, MARANADU P.O., KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): COMPLAINANT ------------------------------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, ANCHAL POLICE STATION, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5646 of 2009 --------------------------------------------- Dated this the 9th day of February, 2010 ORDER When the Bail Application came up for hearing on 28.1.2010, the following order was passed: “This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.353 of 2009 of Anchal Police Station, Kollam District. 2. The offence alleged against the petitioner is under Section 409 of the Indian Penal Code. 3. The petitioner is a Gramin Dak Sevak Sub Postmaster, Perumannur Extra Departmental Sub Post Office. The allegation is that the petitioner misappropriated a sum of Rs.22,300/- of the depositors. 4. The learned counsel for the petitioner as well as the learned Public Prosecutor submitted that the petitioner had deposited a total sum of Rs.32,801/- on 8.9.2008. 5. In the facts and circumstances of the case, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating BA No.5646/2009 2 officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 3rd and 4th February, 2010. The petitioner shall produce a copy of this order before the investigating officer. 6. Post on 9th February, 2010. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.353 of 2009 of Anchal Police Station, Kollam District.” 2. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction contained in the order dated 28.1.2010 has been complied with by the petitioner. 3. 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 28.1.2010 has been 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 Rs.15,000/- with BA No.5646/2009 3 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