IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 Bail Appl..No. 7208 of 2008() ----------------------------- CRIME NO.340/2008 OF NADAKKAVU POLICE STATION APPLICANT/ACCUSED:- --------------------------------------- P.M.THANKAMANI AMMA, MANAGING TRUSTEE, BRAHMANANDA CHARITABLE TRUST, PERUVAYAL, KOZHIKODE DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) RESPONDENT(S): COMPLAING:- -------------------------- STATE OF KERALA, REP. BY PP HIGH COURT OF KERALA, ERNAKULAM, REP. THE S.I.OF POLICE NADAKKAVU POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7208 of 2008 --------------------------------------------- Dated this the 16th December, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 415, 418, 420, 464 and 477A IPC. According to prosecution, petitioner is engaged in a fraudulent transaction as a representative of a trust and obtained huge amounts in the account by using credit card and debit card. 3. Learned counsel for petitioner submitted that petitioner is a representative of a trust. An account was opened in the name of the trust and money was accepted in the account using credit and debit card through Internet. Various amounts were withdrawn also, for the purpose of trust. But, police is insisting petitioner to give the details of persons from whom the amounts are collected and since petitioner is not in a position to get those details, petitioner is threatened to be proceeded against. Petitioner apprehends arrest and hence, this petition. 4. Learned public prosecutor submitted that the Bank authorities are under the impression that transaction is BA No.7208/2008 2 fraudulent and hence, petitioner was directed to produce the documents to prove genuineness of the transaction. But, petitioner failed to do so and hence, it is suspected that transaction is not genuine. As per the allegations in the complaint, there was an understanding between the defacto complainant and petitioner that as and when directed, she will produce the documents relating to the transaction and that is why a facility was allowed to be operated through the Internet, for collection of amounts through cards. But, petitioner has failed to give the details when the Bank insisted for furnishing the same. However, he has no objection in granting anticipatory bail, but, petitioner may be directed to surrender before the Investigating Officer and co-operate with investigation. On hearing both sides, I find that anticipatory bail can be granted on conditions. Hence, the following order is passed: (1) Petitioner shall surrender before the Investigating Officer within seven days from today and co-operate with investigation. (2) Thereafter, in case petitioner is arrested, she shall be released on bail on her executing bond for Rs.25,000/- BA No.7208/2008 3 with two solvent sureties each for like sum to the satisfaction of the arresting officer on the following conditions: (i) Petitioner shall make herself available for interrogation and co-operate with investigation. (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. The petition is allowed. K.HEMA, JUDGE csl