The Single Judge allowed an application for anticipatory bail filed by a Sub Post Master accused of misappropriating recurring deposits via forgery, noting her cooperation and partial restitution.
Application allowed; applicant directed to surrender within two weeks; granted bail on Rs.1 lakh bond with two sureties under specified conditions.
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 ASHOK MENON
TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942
Bail Appl..No.3613 OF 2020
CRIME NO.490/2020 OF Kanakakunnu Police Station , Alappuzha
PETITIONER/S:
BINDU S., AGED 48 YEARS W/O. KALESH, VAIKATHUSSERIL HOUSE, KANDALOOR, KANAKAKUNNU, ALAPPUZHA DISTRICT-690535.
BY ADVS. SRI.V.PHILIP MATHEW SRI.GIBI.C.GEORGE SRI.JEPH JOSEPH
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
2 ADDL. R2 INSPECTOR OF POSTS KAYAMKULAM SUB DIVISION, KAYAMKULAM-690502, ALAPPUZHA DISTRICT IS IMPLEADED PER ORDER DATED 26.06.2020 IN CRL. MA NO. 1/2020 IN BA NO. 3613/2020.
R2 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
OTHER PRESENT:
PP- SRI. C.N.PRABHAKARAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.3613 OF 2020 2
O R D E R
Dated this the 15th day of September 2020
Application for anticipatory bail under section 438 of Cr.P.C.
The applicant is the sole accused in Crime No.490/2020 of Kanakakunnu Police Station for having allegedly committed offences punishable under Sections 409, 420, 465, 468 and 471 of IPC.
Bail Appl..No.3613 OF 2020 3
more time may be required.
In the result, the application is allowed and the applicant is directed to surrender before the investigating officer within two weeks. In the event of her being arrested, she shall be released on bail on the execution of bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like amount to the satisfaction of the investigating officer, and on following further conditions:
(i) She shall appear before the investigating officer on all Second Saturdays of the month between 9 a.m. and 12 noon for a period of three months or till the filing of the final report, whichever is earlier.
(ii) She shall not also attempt to influence the witnesses or tamper with evidence.
Bail Appl..No.3613 OF 2020 4
(iii) She shall not get involved in any other similar crimes during the currency of the bail.
In case of violation of any bail condition, the prosecution
is at liberty to apply for cancellation of the bail before the jurisdictional court.
Sd/-
ASHOK MENON
JUDGE
rmm
The words and figures 'Rs.30,00,000/-' appearing in paragraphs 3 and 4 of the final order dated 15.09.2020 in B.A No.3613/2020 is corrected as 'Rs.13,00,000/-' as per the order dated 18.11.2020 in Crl.M.A. No.1/2020 in B.A. No.3613/2020.
Sd/-
DEPUTY REGISTRAR
1 issue framed by the court
Whether anticipatory bail should be granted to the accused who is cooperating with the departmental enquiry and has remitted a portion of the misappropriated amount.
2 provisions across 2 enactments
Bindu S.
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
