IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 Bail Appl..No. 4804 of 2008() ----------------------------- CRIME NO.36/2008 OF BEYPORE POLICE STATION PETITIONER/ACCUSED NO.1;- --------------------------------------------- VASANTHY, W/O KOTTAYAM RAVI, MURALI NIVAS, SIVAPURI RIAD, NORTH BEYPORE, CAICUT. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.36 OF 2008 OF BEYPORE POLICE STATION). PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 4804 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of September,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 420 and 406 IPC. According to the prosecution, petitioner along with her son who is the 2nd accused received an amount of Rs.30,00,000/- from various persons and failed to return the amount. Therefore, a complaint was lodged against her by defacto-complainant alleging cheating and misappropriation. 3. Learned counsel for the petitioner submitted that the allegations made against petitioner are absolutely false. Petitioner joined a kuri with four ladies in the neighborhood who are conducting kuri and she was paying the amount in instalments without any default. But, when the kuri was completed, they refused to pay the amount. There was some altercation regarding this and petitioner was taken to the police station without even registering any crime against her. She was harassed at the police station. 4. Therefore, she lodged a complaint before the Human Rights Commission as Annexure-1 making allegation against the Station House Officer of the police station. This happened in the year 2007 and Annexure-1 was given in November, 2007. Thereafter, on 20-11-2007 a lawyer notice was caused to be BA 4804/08 -2- issued to the four ladies as Annexure-II demanding the money back. But, the money was not repaid. Instead, one of those ladies, with the aid of the police, who has grudge against petitioner, has made a complaint making false allegations. Petitioner is only a house wife and the allegation is that Rs.30 lakhs was paid to petitioner without any documents to support the payment. If petitioner is arrested on such allegations, she will be subjected to irreparable injury and harassment at the police station, especially since he moved the Human Rights Commission against the atrocities of the police 5. Learned Public Prosecutor conceded that the payment effected to the tune of Rs.30 lakhs is not supported by any document. He also submitted that 2nd accused is already arrested and he was released on bail. However, petitioner may be directed to make herself available for interrogation and subject to this, he has no objection in granting anticipatory bail to petitioner. 6. On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioner and the following order is passed:- Petitioner shall surrender before the Magistrate within seven days from today and if any bail application is filed, petitioner shall be released on bail on her executing a bond for Rs. 25,000/- with BA 4804/08 -3- two solvent sureties each for the like amount to the satisfaction of the learned Magistrate on the following conditions:- i) Petitioner shall make herself available for interrogation by the Investigating Officer as and when directed. ii) Petitioner shall co-operate with the investigation. This petition is allowed. K.HEMA, JUDGE. mn.