Sudha v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937 Bail Appl..No. 1745 of 2015 ----------------------------------------- CRIME NO. 414/2015 OF THIRUVALLA POLICE STATION ------------------- PETITIONER(S)/2ND ACCUSED :
-------------------------------------------------- SUDHA.R., AGED 45 YEARS, W/O.PREMJITH, PREM NIVAS, THATTAMALA, KOLLAM.
BY ADVS.SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENT(S)/COMPLAINANT :
---------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031.
BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
K. ABRAHAM MATHEW, J.
---------------------- B.A. No.1745 of 2015 -------------------------------------------- Dated this the 24th day of June 2015
O R D E R
Petition filed under Sec.438 Cr.P.C.
2. Petitioner is the 2nd accused in Crime No.414 of 2015 of Thiruvalla Police station. She along with her husband who is the co-accused allegedly has committed the offence of cheating punishable under Sec.420 of the Indian Penal Code. The prosecution case is that they made a false promise to the first informant that they would get him admission in the TKM Engineering college, Kollam and received Rs.6,00,000/-(Rupees six lakhs only).
3. Heard both sides.
4. The first accused has already been arrested and released on bail. The petitioner being a women, I am inclined to grant anticipatory bail especially in view of the fact that the amount involved in the case has already been deposited in the trial court.
5. Learned counsel submits that the petitioner
B.A. No.1745 of 2015 2 and her husband have no objection to the first informant withdrawing the amount.
6. If an application is filed for that purpose, the learned Magistrate may allow it.
In the result, the bail application is allowed.
1) The petitioner shall be released on bail after interrogation on her executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum if she is arrested by the Police in connection with this case.
2) She shall appear before the Investigating Officer for interrogation if she is so required by him in writing.
3) She shall not destroy or tamper with evidence.
4) She shall not intimidate or attempt to influence the witnesses.
5) She shall not get herself involved in any other criminal case.
B.A. No.1745 of 2015 3 In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
Sd/- K. ABRAHAM MATHEW JUDGE /True Copy / NS P.A. To Judge