This order denies anticipatory bail under Section 438 CrPC to a Mahila Pradhan agent accused of cheating and forgery for making false entries in passbooks and failing to deposit customer funds totaling approximately 11 lakh rupees.
Bail application under Section 438 CrPC dismissed; petitioner not entitled to discretionary relief.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931
Bail Appl..No. 5282 of 2009
CRIME NO.420 OF 2009 OF PERAMANGALAM POLICE STATION
PETITIONER: ACCUSED:
LEELA M., W/O.KARIAT SANKARANARAYANAN, CHALAKKAL VILLAGE, CHALAKKAL DESOM, THRISSUR TALUK, THRISSUR DISTRICT.
BY ADV. SRI.P.V.CHANDRA MOHAN
RESPONDENT: COMPLAINANT:
STATE OF KERALA, REPRESENTED BY SI OF POLICE, PERAMANGALAM POLICE STATION, THRISSUR DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.M.S.BREEZ
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
B.A. NO. 5282 OF 2009
-----------------------------------------------------Dated this the 19th day of October, 2009
O R D E R
This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.420 of 2009 of Peramangalam Police Station, Thrissur District.
3.The petitioner is a Mahila Pradhan agent. She was expected to collect amounts from the customers and deposit the same in the Post Office. While receiving payments from the customers, the Mahila Pradhan agent is expected to make entries in a card to be kept by the customers. Corresponding entry would be made in the pass book and initialled by the Post Master. The Mahila Pradhan agent is expected to return the pass book to the customers. The allegation is that the petitioner made entries of having received amounts in the cards kept by the customers and thereafter, did not
B.A. NO. 5282 OF 2009
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deposit the amount in the Post Office. It is also alleged that she made false entries in the pass books to make it appear and to convince the customers that the amounts were deposited in the Post Office while, in fact, the amount was not deposited. The total amount involved in the case is Rs.11,17,291/-.
The Bail Application is accordingly dismissed.
(K.T.SANKARAN) Judge
ahz/
2 issues framed by the court
Whether to grant anticipatory bail under Section 438 CrPC to an accused charged with cheating and forgery in a Mahila Pradhan agent case.
Whether the nature of the offence involving undisclosed deposits warrants dismissal of anticipatory bail.
2 provisions across 2 enactments
Leela M.
State of Kerala
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
