IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Bail Appl..No. 7625 of 2008() ----------------------------- CBCID CRIME NO.169/CR/2008 MEDICAL COLLEGE POLICE STATION CRIME NO.480/2008 .................... PETITIONER: A6: ----------------------- BINDU SURESH, AGED 33 YEARS, D/O.LALITHA, 'THIRUVATHIRA' VEEDU NEAR CGO COMPLEX POONKULAM WARD, THIRUVALLAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): --------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH C.I.D., THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM. 3. THE CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE CIRCLE THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7625 of 2008 --------------------------------------------- Dated this the 19th December, 2008 O R D E R Petition for bail. 2. The alleged offence is under Section 420 read with Section 34 IPC. According to prosecution, petitioner is Branch Manager of a financial institution. Petitioner fraudulently and dishonestly induced various persons to make deposits in the institution run by first accused on the promise that huge interest will be paid to them. She fraudulently deceived them, with intention to cause wrongful gain to petitioner as well as wrongful gain to depositors. Neither interest nor the amount was paid to depositors. On a complaint made by several persons, a crime was registered against various persons including petitioner and she is the 6th accused. 3. Learned counsel for petitioner submitted that petitioner is a woman and a mother of two minor children and she is in custody from 22.9.2008 onwards. She has not committed any offence and she has not deceived any person or BA No.7625/2008 2 induced any person to make any deposit with intention to cheat. Petitioner was only an employee under the first accused and she herself had deposited amounts in the first accused's institution in the name of her husband. The fact that she herself is a depositor itself will reveal that she had no criminal intention to cheat any person. If she had known that money will be lost if deposited she would not have deposited her own money in the first accused's institution. It is also submitted that petitioner being a woman may be granted the benefit of proviso to Section 437 Crl.P.C. Learned counsel for petitioner also submitted that co-accused was granted bail by this Court. 4. Learned public prosecutor submitted that petitioner in custody for the past 88 days and charge sheet has not been filed and therefore, he has no objection in granting bail. But, he requested that stringent conditions may be imposed while granting bail. It is made clear by learned public prosecutor that co-accused was granted bail only by default. 6. On hearing both sides, I am satisfied that bail can be granted to the petitioner on stringent conditions. Hence, bail is granted on the following terms and BA No.7625/2008 3 conditions: (i) Petitioner shall execute a bond for Rs.1,00,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer as and when directed. (iii) 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. (iv) Petitioner shall surrender the passport, if any, before the Magistrate Court concerned within seven days from the date of release. The petition is allowed. K.HEMA, JUDGE csl BA No.7625/2008 4