IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 Bail Appl..No. 4869 of 2008() ----------------------------- NO CRIME REGISTERED BY THE POLICE PETITIONER: ACCUSED --------------------------- LATHA MANIKANDAN, AGED 26, D/O. SANKARAN, THRIPUNANTH HOUSE, KAIPAMANGALAM, KALAMURY, KAIPAMANGALAM VILLAGE, KODUNGALLORE TALUK, THRISSUR. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS(S): STATE --------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 4869 of 2008 ----------------------------------------- Dated this the 24th September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 406 and 420 of Indian Penal Code. According to prosecution, the de facto complainant misappropriated 5.5 sovereigns of gold ornaments belonging to the de facto complainant and also an amount of Rs.30,000/-. 3. Learned counsel for petitioner submitted that the petitioner and her husband had fallen out and her husband has now developed intimacy with the de facto complainant. Petitioner's husband wanted divorce from the petitioner and it is only for pressurising him for giving her a divorce that the petitioner's husband has made the de facto complainant to lodge a false complaint against the petitioner. As per the instructions given, the petitioner had issued some blank cheques and handed over the same to the petitioner's husband when they were living together as husband and wife while taking loan from various persons. Petitioner's husband, by misusing one of the cheques, has made the de facto complainant to lodge this complaint, it is submitted. B.A.NO.4869/08 2 4. Learned Public Prosecutor submitted that there is no allegation that any cheque is involved in this case. Gold ornaments are handed over to the petitioner by the de facto complainant as well as money which are misappropriated. 5. On hearing both sides, I find that anticipatory bail can be granted to the petitioner on conditions. Hence, the following order is passed: Petitioner shall surrender before the Magistrate Court concerned within seven days from today and if bail application is filed, petitioner shall be released on bail on her executing a bond for Rs.25,000/- with two solvent sureties each for the like sum 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. Petition is allowed. K.HEMA, JUDGE vgs.