Sujatha.T v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 Bail Appl..No. 4681 of 2015 () ------------------------------- CRIME NO. 761/2015 OF KODAKARA POLICE STATION, TRISSUR -------------- PETITIONER/ACCUSED :
-------------------------------- SUJATHA.T., AGED 53 YEARS, D/O.T.AYYAPPAN, OLEENA MAHILA SAMAJAM, WEST HILL CALICUT.
BY ADV. SRI.P.G.PRAMOD RESPONDENT/COMPLAINANT :
------------------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE KODAKARA POLICE STATION THRISSUR DIST.(THROUGH THE PUBLIC PROSECUTOR, HGIH COURT OF KERALA, ERNAKULAM) BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
K. ABRAHAM MATHEW, J.
---------------------- B.A. No.4681 of 2015 -------------------------------------------- Dated this the 11th day of August 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2. Petitioner is accused in Crime No.761 of 2015 of Kodakara Police station registered for the offences under Secs.406 and 420 of the Indian Penal Code. The petitioner is the Chair person of a non governmental organisation by name Oleena Mahila Samajam. The first informant was working under her as an agent of LIC. The allegation is that the petitioner failed to remit the amount in the LIC which was given to her by the first informant and she also failed to pay the first informant her commission.
3. Heard both sides.
4. The petitioner had filed Annexure A1 writ petition before this court complaining about the alleged irregularities of the LIC in crediting the amount. It appears that there was a serious dispute between her and the LIC with regard to the adjustment of the amounts.
B.A. No.4681 of 2015 2 Having regard to these facts, I am inclined to grant the prayer of the petitioner.
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 each for the like sum if she is arrested by the Police in connection with this case.
2) The petitioner shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. for interrogation if she is so required by him in writing.
3) She shall surrender her passport before the lower court concerned or if she does not have the one, file an affidavit to that effect.
4) She shall not leave India without the previous permission of the court of enquiry or the trial court concerned as the case may be.
B.A. No.4681 of 2015 3
5) She shall not destroy or tamper with evidence nor shall she get herself involved in any other criminal case.
6) She shall not intimidate or attempt to influence the witnesses.
7) She shall co-operate with investigation of the case.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
If the petitioner surrenders before the Magistrate, this order is not applicable and the learned Magistrate may pass appropriate orders.
Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge