IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 Bail Appl..No. 6334 of 2011() ------------------------- CRIME NO.623/2011 OF IRINJALAKUDA POLICE STATION THRISSUR DISTRICT. PETITIONER/ACCUSED NO.3 --------------------------- GIRIJA,W/O.VISWAMBHARAN,NADUVATHU PARAMBIL HOUSE,PORUTHISSERY,IRINJALAKUDA.P.O, THRISSUR. BY ADV. SRI.GEO PAUL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY SUB INSPECTOR OF POLICE, IRINJALAKUDA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6334 of 2011 ---------------------------------------------- Dated this the 01st day of September, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.623 of 2011 of Irinjalakuda Police Station. 2. The offences alleged against the petitioner are under Sections 465, 468, 471 and 420 of the Indian Penal Code. 3. When the Bail Application came up for admission on 22/08/2011, the following order was passed: “3. The allegation is that the accused persons forged documents and opened a bank account in the name of a Kudumbasree Unit and took a loan unauthorisedly. 4. The learned counsel for the petitioner submitted the entire amount was repaid by the accused in the bank. The petitioner is a house wife and she is a kudumbasree worker. 5. Taking into account the facts and circumstances of the case and the nature of the offences, I am of the view that before considering Bail Appln.No.6334/2011 : 2 : the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 26/08/2011 and 27/08/2011. 6. Post on 01/09/2011. 7. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.623 of 2011 of Irinjalakuda Police Station, till 03/09/2011. 8. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 22/08/2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 22/08/2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release her on bail on her executing bond for `10,000/- (Rupees Ten Bail Appln.No.6334/2011 : 3 : thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE skj