IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 Bail Appl..No. 6948 of 2009() ----------------------------------------- (CRIME NO.748/2009 OF OLLUR POLICE STATION, THRISSUR DISTRICT) PETITIONER/SOLE ACCUSED: ----------------------------------------------- ANITHA JOSHY, AGED 42, W/O. JOSHY, EDAPPILLY HOUSE, CHRISTOPHER NAGAR, ANCHERY, THRISSUR DISTRICT. BY ADVS. MR.G.SREEKUMAR (CHELUR), SMT.PREETHY KARUNAKARAN. RESPONDENT(S): STATE OF KERALA/COMPLAINANT: --------------------------------------------------------------------------------- THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, OLLUR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ B.A.NO.6948 OF 2009 ------------------------------------------ Dated 24th November 2009 O R D E R Petitioner is the accused in crime No.748/2009 of Ollur police station registered for the offences under Sections 406 and 420 of Indian Penal Code. This petition is filed under Section 438 of Code of Criminal Procedure for anticipatory bail apprehending arrest contending that petitioner is prepared to abide by any condition and she be granted anticipatory bail. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel appearing for the petitioner submitted that petitioner had no intention to cheat anybody or to commit breach of trust and as there was a heavy withdrawal of deposits and proceedings were initiated by the bank petitioner could not pay the amount and it is in such circumstances, trouble arose and when complaint was originally raised, from the police station, BA 6948/09 2 petitioner had given the amount due to the complainants and the present crime is registered based on Annexure-I complaint and the amount claimed therein is not due and only a portion of the amount is due and petitioner is prepared to deposit the amount or furnish sufficient security and she may be granted anticipatory bail. 4. Learned Public Prosecutor submitted that more that Rs.15,00,000/- is due to the complainants in Annexure-I complaint and petitioner is not entitled to anticipatory bail and even if court is inclined to grant anticipatory bail, petitioner may be directed to deposit the amounts due to the complainants shown in Annexure-I complaint. 5. Considering the facts and circumstances of the case, I feel that petitioner could be released in the event of her arrest, on executing sufficient bond and furnishing security for the amount due to the different persons as stated in Annexure-I complaint. 6. In the event of arrest of the petitioner in crime No.748/2009 of Ollur police BA 6948/09 3 station, petitioner shall be released on bail, on executing a bond for Rs.50,000/- with two solvent sureties for the like sum to the satisfaction of the investigating officer on the following conditions. 1) Petitioner shall deposit prior to the date of arrest Rs.5,00,000/- (Rupees Five Lakhs only) before Judicial First Class Magistrate, Thrissur and also furnish security for Rs.10,00,000/- (Rupees Ten Lakhs only), either as bank guarantee or immovable property to the satisfaction of the learned Magistrate and establish these facts before the investigating officer at the time of arrest. 2) Petitioner shall make herself available for investigation as and when required and shall appear before the investigating officer on every Wednesday between 10 and 11 a.m for three weeks. 3) Petitioner shall not induce, threaten or influence any person from disclosing facts known to them. 4) Petitioner shall not commit any other offence. BA 6948/09 4 5) Petitioner shall not leave Indian without previous permission of Judicial First Class Magistrate-III, Thrissur. 6) This order will prevail for one month and it is for the petitioner to apply meanwhile for regular bail from the concerned Magistrate. M.SASIDHARAN NAMBIAR, JUDGE. uj.