Allowed

Asha Murali v. State of Kerala

Kerala HC7 Oct 2020Bail Appl./3868/2020

Case brief

AI extract

What is this about?

A bail application under Section 438 CrPC was filed by Asha Murali accused of cheating and criminal breach of trust in a financial fraud case. The High Court granted anticipatory bail after finding no evidence that she misappropriated funds and noting her lack of criminal antecedents.

What did the court decide?

Application allowed; applicant released on anticipatory bail on execution of bond for Rs. 1,00,000 with two solvent sureties each for like amount, subject to standard bail conditions.

Asha Murali Vs State of Kerala — Cheating and Forgery | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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WEDNESDAY, THE 07TH DAY OF OCTOBER 2020 / 15TH ASWINA, 1942

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Bail Appl..No.3868 OF 2020

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AGAINST THE ORDER/JUDGMENT IN CRMP 1817/2020 DATED 11-06-2020 OF DISTRICT & SESSIONS COURT, ALAPPUZHA

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CRIME NO.131/2020 OF Edathua Police Station , Alappuzha

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PETITIONER/S:

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ASHA MURALI AGED 55 YEARS W/O.K.V.MURALI, SOORYA NIVAS, (KALARICKALTHARA), CHAMPAKULAM P.O., ALAPPUZHA DISTRICT. 688505

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BY ADV. SRI.B.PRAMOD

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RESPONDENT/S:

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1 STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 682031

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2 C.T.THOMAS, KOOLIPURAKAL, CHAMPAKULAM P.O., AMICHAKKARY, KUTTANAD, ALAPUZHA-688505.

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R2 BY ADV. SRI.P.VINODKUMAR

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OTHER PRESENT:

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SRI.SANTHOSH PETER SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.3868 OF 2020 2

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O R D E R

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Dated this the 7th day of October 2020

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Application for anticipatory bail under Section 438 of Cr.P.C.

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The applicant was arrayed as the 1st accused in Crime No.131/2020 is presently the 3rd accused in that crime of Edathua Police Station for having allegedly committed offences punishable under Sections 406 and 420 of IPC.

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The prosecution case, in brief, is that while the applicant was working as a Branch Manager of Edathua Branch of Sree Narayana Financiers, she dishonestly induced several depositors including the de facto complainant to deposit money in their branch and subsequently, the entire amounts so collected from various depositors were misappropriated and the depositors cheated. First accused is the president of the Trust which is running this institution while the 2nd accused is the Secretary. They have already granted anticipatory bail on conditions.

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According to the prosecution case, the applicant has allegedly induced several depositors to deposit money. There is absolutely no evidence at present to indicate that the applicant has also

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Bail Appl..No.3868 OF 2020 3

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misappropriated the amount and got enriched due to this misappropriation of the money of the depositors. Manager canvassing deposits is nothing strange because that is what the Manager is paid

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for and therefore, that alone is not sufficient evidence of her complicity in the alleged act of cheating and misappropriation. The investigation is still on. It is submitted that the applicant is in possession of several documents which needs to be looked into by the investigating officer. She is a lady and she has no other criminal antecedents. She is willing to co-operate with the investigation. Hence, I find no reason why the applicant should be incarcerated for that purpose.

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Having heard the learned counsel for the applicant, the learned Public Prosecutor and also the learned counsel appearing for the de facto complainant, I find that the applicant can be released on anticipatory bail, on certain conditions.

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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, after interrogation and recovery if any, she shall be released on bail on the execution of a 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

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Bail Appl..No.3868 OF 2020 4

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on following conditions:

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(i) She shall appear before the investigating officer as and when called for,

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(ii) She shall not attempt to influence the witnesses or tamper with evidence.

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(iii) She shall not get involved in any other similar crimes during the currency of the bail.

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In case of violation of any bail condition, the prosecution is at

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liberty to apply for cancellation of the bail before the jurisdictional court.

Sd/-

ASHOK MENON

JUDGE

rmm

Asha Murali v. State of Kerala

Case brief

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Asha Murali v. State of Kerala

Case brief

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