IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 Bail Appl..No. 5752 of 2008() ----------------------------- CRIME NO.341/2008 OF SOORNAD POLICE STATION PETITIONER : ACCUSED ------------------------------ JAYAKUMARI AMMA, MULAMOOTTIL KIZHAKKETHIL, AMBALATHUMBHAGAM, PORUVAZHY VILLAGE. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, SOORANADU POLICE STATION, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5752 of 2008 ------------------------------------------------- Dated this the 20th day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 406 and 420 IPC. According to prosecution, petitioner is a Mahila Pradhan agent, who collects deposits from various persons and make the deposits in the Post Office. The petitioner, however, collected various amounts, but, did not deposit in the Post Office. Apart from this, she applied for loan in the name of depositors from various accounts after forging signatures of the depositors. She also closed certain accounts, without the knowledge of the depositors. Thereby, she committed various offences. 3. Learned counsel for the petitioner submitted that the petitioner is a woman. She has to undergo an operation for uterus. Even if the entire allegations are accepted, there is only deferment of payment of deposits. But, it does not amount to misappropriation or cheating, it is submitted. The petitioner is finding financial crisis, since she had taken loan from some BA No.5752/08 2 persons for the construction of her house and hence, she may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned public prosecutor submitted that the nature of allegations made against the petitioner are serious in nature and it is not a fit case to grant anticipatory bail. She has committed not only misappropriation and cheating, but also she had committed forgery by forging signatures of the depositors and creating false documents and used those as genuine for the purpose of raising money in their names and to misappropriate the same. 5. On hearing both sides, considering the nature of offence committed, I am least inclined to grant anticipatory bail. The petitioner's physical state also does not persuade me to grant anticipatory bail since that alone may not be quite relevant for granting anticipatory bail. The petition is dismissed. K.HEMA, JUDGE csl