IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 Bail Appl..No. 5648 of 2008(D) ------------------------------ CRIME NO.88/2008 OF CBCID, SIG III, KOZHIKODE .................... PETITIONER/3RD ACCUSED ---------------------------------------- RADHA @ RADHAMANI @ RADHACHI, W/O. JAYARAJAN, AGED 66 YEARS, CHEMBAKASSERY VEETTIL, MALUR KARA, EANADHIMANGALAM VILLAGE, PATHANAMTHITTA DISTRICT, NOW RESIDING AT THITTATHARA HOUSE, OPP: SUNORO CHURCH CHILAVANNUR, KADAVANTHARA. BY ADV. SRI.JOHN VARGHESE RESPONDENTS: STATE & COMPLAINANT ------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ENAKULAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE CBCID, SIG II KOCHIKODE, CAMP AT POLICE CLUB, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- B.A.No.5648 of 2008 ---------------------------------------------- Dated this the 16th day of September, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 406, 465, 468, 471, 477 and 120(B) read with Section 34 IPC. According to prosecution, petitioner who is a woman in connivance with the first accused forged certain documents relating to a charitable society and the minutes of the general body meeting was falsely created and bye-laws were amended whereby first accused was made the sole authority to operate the Bank accounts etc. Huge amounts were accordingly misappropriated by the first accused from the funds of the society. 3. Petitioner is the third accused. Learned counsel for the petitioner submitted that the petitioner was arrested on 22.8.2008 and she is in custody since then. All the forged documents were already seized by the Investigating Officer. The second accused in the crime was released on bail as per order dated 7.8.2008 in B.A.No.4928/08. In such circumstances, petitioner may also be granted bail, it is submitted. 4. Learned public prosecutor fairly conceded that the investigation regarding the involvement of the petitioner is already BA No.5648/08 2 over. However, stringent conditions may be imposed while granting bail. 5. In the above circumstances, petitioner is granted bail on her executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: (i) Petitioner shall surrender her passport, if any, within seven days of her release from custody before the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every Monday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not leave Ernakulam District except with the previous permission of the learned Magistrate. (iv) Petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl