IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 Bail Appl..No. 5088 of 2011() ----------------------------- (F.I.R.NO.103/CR/EOW-II, KOTTAYAM) APPLICANT ----------------------------- TREASAMMA SIMON, HEAD MISTRESS, M.G.M. GOVT.L.P.S., PANAPILAV NORTH P.O., VIA ERUMELY, KOTTAYAM DISTRICT, RESIDING AT CHEMMARAPPILLIL HOUSE, NARIYANANI P.O., PONKUNNAM. BY ADV. SRI.K.G.ANIL BABU RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 2. THE DETECTIVE INSPECTOR, CRIME BRANCH C.I.D., EOW-II, KOTTAYAM-686 001 BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5088 of 2011 ---------------------------------------------- Dated this the 22nd day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in F.I.R.No.103/CR/EOW-II, Kottayam. 2. The offences alleged against the petitioner are under Sections 465, 468, 471 and 420 of the Indian Penal Code. 3. The petitioner is the Headmistress of a Government Lower Primary School. The prosecution case is that while the petitioner was the Headmistress in two Government Schools during 2005, she falsified the accounts and misappropriated amounts which were really due to certain teachers. The learned counsel for the petitioner submitted that the petitioner has not committed any offence. However, to avoid any possible objection, she has repaid the entire amounts. 4. When the Bail Application came up for admission on 08/07/2011, the following order was passed: “4. Taking into account the facts and circumstances of the case and the nature of the Bail Appln.No.5088/2011 : 2 : 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 15th, 16th and 18th July, 2011. 5. Post on 22nd July, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with F.I.R.No.103/CR/EOW-II, Kottayam, until further orders”. 5. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 08/07/2011 has been complied with by the petitioner. 6. 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 08/07/2011 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 `10,000/-(Rupees Ten thousand only)with two solvent sureties for the like amount to the Bail Appln.No.5088/2011 : 3 : satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer at 10 A.M. on every Sunday, 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. 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