IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 Bail Appl..No. 5537 of 2011() ----------------------------- CRIME NO.409/2011 OF PONKUNNAM POLICE STATION PETITIONER/ACCUSED: --------------------------- RANJINI JACOB, AGED 29, D/O.JACOB, MUTHUKULATHU HOUSE, MULLAMKUDI P.O., IDUKKI DISTRICT. BY ADV. SRI.P.A.MOHAMMED SHAH RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, PONKUNNAM POLICE STATION, PONKUNNAM, KOTTAYAM (DISTRICT). 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jma K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5537 of 2011 ---------------------------------------------- Dated this the 13th 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 Crime No.409 of 2011 of Ponkunnam Police Station. 2. The offences alleged against the petitioner are under Sections 468, 471 and 420 of the Indian Penal Code. 3. The de facto complainant is the Director of a private institution. He alleged that the petitioner worked there as supporting teacher for a period of four years. The allegation is that at the time of joining duty as supporting teacher, the petitioner produced certain documents which were later found to be forged and fabricated. 4. The learned counsel for the petitioner submitted that the case is foisted against her due to the enmity between the de facto complainant and the petitioner. The learned counsel submitted that the de facto complainant misbehaved towards the petitioner and compelled her for immoral activities. The petitioner resisted. She informed her husband Bail Appln.No.5537/2011 : 2 : who was working as a CRPF personnel in Ayodhya. He instructed the petitioner to file a complaint. At that juncture, the Vicar of the local church intervened and settled all the disputes between the petitioner and the de facto complainant. Contrary to the settlement, a false case has been initiated against the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offences and other circumstances, 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 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. Bail Appln.No.5537/2011 : 3 : 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 skj