IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 Bail Appl..No. 1141 of 2011() ---------------------------------- (C.M.P.NO.203/2011 OF CHIEF JUDICIAL MAGISTRATE COURT, KALPETTA IN CRIME NO.792/2010 OF KALPETTA POLICE STATION, WAYANAD DISTRICT) ........ PETITIONER/PETITIONER/8TH ACCUSED ------------------------------------------------- SHAMSEERA.K.B., AGED 27 YEARS, W/O.MUHAMMED ASHRAF, KARUTHEDATH HOUSE, EDAKKARA POST, MALAPPURAM DISTRICT. BY ADVS. SRI.P.V.GEORGE(PUTHIYIDAM) SMT.S.ANJUSHA RESPONDENT(S): RESPONDENT/COMPLAINANT -------------------------------------------------------- STATE OF KERALA, (SUB INSPECTOR OF POLICE, KALPETTA POLICE STATION) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.K.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs V. RAMKUMAR, J. ---------------------------------------------- Bail Application No.1141 of 2011 ----------------------------------------------- Dated this the 21st day of February, 2011 ORDER In this Petition filed under Section 439 Cr.P.C., the petitioner, who is accused No.8 in Crime No.792 of 2010 of Kalpetta Police Station for offences punishable under Sections 419, 420, 465, 468 & 471 I.P.C., seeks her enlargement on bail. The petitioner was arrested on 11/01/2011. 2. The learned Public Prosecutor opposed the application contending inter alia that this is a case in which the petitioner had secured Government employment in the Revenue Department in Wayanad District by utilising forged advise memo purportedly issued by the Public Service Commission and had drawn salary and cheated the Government. 3. Having regard to the fact that the petitioner has been in custody since 11/01/2011 and she is a woman with a small child depending on her, I am inclined to grant bail to the petitioner with effect from a future date by invoking the proviso to Section 437 Cr.P.C. Accordingly, the petitioner is directed to Bail Appln.No.1141/2011 -2- be released on bail with effect from 07/03/2011 on her executing a bond for `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make herself available for interrogation as and when required by the police at any time till the filing of the final report. 3. The petitioner shall surrender her passport if not already seized by the police before executing the bail bond. In case the petitioner is not the holder of a passport she shall file an affidavit to that effect before the Magistrate. 4. The petitioner shall stay confined to the Malappuram District and shall not travel beyond the limits of Malappuram District without the written permission of the court concerned. Bail Appln.No.1141/2011 -3- 5. The petitioner shall not influence or intimidate the prosecution witnesses nor shall she attempt to tamper with the evidence for the prosecution. 6. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to her shall be liable to be cancelled. This application is allowed as above. Dated this the 21st day of February, 2011. V.RAMKUMAR, JUDGE skj