High Court of Kerala dismissed an application for pre-arrest bail regarding three charges of criminal breach of trust and cheating. The court directed surrender for interrogation before allowing a future bail application on merits.
The petitioner was directed to surrender to the investigating officer for interrogation before applying for regular bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
THURSDAY, THE 29TH DAY OF SEPTEMBER 2016/7TH ASWINA, 1938
Bail Appl..No. 3336 of 2016 ()
CRIME NO. 1283/2015 OF KOLLAM WEST POLICE STATION.
PETITIONER/ACCUSED NO.1:
N. MALINI, W/O. CHANDRASEKHARAN PILLAI, AGED 55 YEARS, MANGALATH HOUSE, THIRUMULLAVARAM P.O., KOLLAM DISTRICT, PIN- 691 012.
BY ADV. SRI.B.RENJITHKUMAR.
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, KOLLAM WEST POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.SAJJU. S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-09-2016, ALONG WITH BA.3337/2016 AND BA. 3338/2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
P.UBAID, J.
B.A.Nos. 3336, 3337 & 3338 of 2016
ORDER
The petitioner herein is the Secretary of the Vanitha Welfare Co-operative Society, Thirumullavaram. She is the petitioner in these three applications. She is involved as accused in three crimes registered at the Kollam West Police Statin under Sections 406, 409, 420, 468 and 477(A) read with Section 34 of the Indian Penal Code. In all the three crimes, she is the first accused. The other accused include her husband too.
B.A.Nos. 3336, 3337 & 3338 of 2016 -2-
dishonestly misappropriated in breach of the trust by the petitioner, in different instances, misusing her capacity as the Secretary of the Co-operative Society. She seeks prearrest bail on the apprehension of arrest in the three crimes. Those crimes are Crime Nos. 1283 of 2015, 1391 of 2015 and 1402 of 2015.
B.A.Nos. 3336, 3337 & 3338 of 2016 -3-
felt necessary. After such interrogation, the request for bail can be considered by the learned Magistrate having jurisdiction. I feel it inappropriate and unsafe to grant prearrest bail to the petitioner. Let the factual aspects concerning the alleged dishonest misappropriation be probed into by the learned Magistrate when application for regular bail comes.
In the result, this application for bail is disposed of as follows:
a) The petitioner will surrender before
the investigating officer between 9.00 a.m. and 10.00 a.m. on any day within seven days from this date for the purpose of interrogation as part of investigation.
b) After necessary interrogation, the investigating officer will produce the petitioner before the learned Magistrate having jurisdiction by 4 pm. on the date of arrest itself.
B.A.Nos. 3336, 3337 & 3338 of 2016
-4-
c) In case application for regular bail is
filed by the petitioner, the same shall be judiciously considered and decided by the learned Magistrate on the same day on merits.
Sd/- P.UBAID
JUDGE
ds
//True copy//
P.A. to Judge
1 issue framed by the court
Whether to grant pre-arrest bail to a co-operative society secretary accused of fraudulent misappropriation pending investigation.
1 provisions across 1 enactments
N. MALINI
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
