The High Court of Kerala disposed of an application for anticipatory bail under Section 438 Cr.P.C. The Court held that the serious nature of the economic offences related to misappropriation rendered anticipatory bail inapplicable. Relief was denied with a direction to surrender.
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
THURSDAY, THE 05TH DAY OF NOVEMBER 2020 / 14TH KARTHIKA, 1942
Bail Appl..No.4983 OF 2020
AGAINST THE ORDER/JUDGMENT IN CRMP 1942/2020 DATED 06-082020 OF DISTRICT & SESSIONS COURT, ALAPPUZHA
CRIME NO.390/2020 OF Kuthiyathode Police Station, Alappuzha
PETITIONER/S:
SHIJI P R, AGED 33 YEARS, POZHICHIRA HOUSE, KUTHIYATHODE, PALLITHODE PO CHERTHALA, ALAPPUZHA - 688540
BY ADVS. SHRI.RAPHAEL THEKKAN SRI.MANU HARSHAKUMAR
RESPONDENT/S:
SRI.C.N.PRABHAKARAN SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Bail Appl..No.4983 OF 2020
ORDER
Dated this the 5th day of November 2020
This is an application filed under Section 438 of Cr.P.C seeking anticipatory bail.
The applicant is the accused in Crime
No.390/2020 of Kuthiyathode Police Station, Alappuzha, for having allegedly committed offences punishable under Sections 403, 408, 465, 468 of the IPC.
2017-2018, which was revealed from the audit
report dated 17.02.2020. The crime was registered consequent to that and the investigation started.
Bail Appl..No.4983 OF 2020
and the allegations are not true and that it was
at the behest of the President and the other
members of the society that she has been functioning and that she being a lady had very limited options to perform. Therefore, she may be granted pre-arrest bail.
and the learned Public Prosecutor.
is very serious. She has allegedly swindled money
from the year 2014 and the total sum of Rs.2,37,516.66 has been allegedly misappropriated by her. The applicant was holding the responsible position of a Secretary and she cannot put the blame on the President or the others for having done what she had done. In case she was coerced to
do something which is illegal, she should have immediately made a complaint regarding that. But
Bail Appl..No.4983 OF 2020
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instead of that, she continued to perform as a Secretary for five years and it is only during the
audit conducted in 2013 that all these
misappropriations came to the fore. The applicant will have to be interrogated in custody.
find that the precedent of the Hon'ble Supreme
Court in P. Chidambaram v. Directorate of
Enforcement [2019 KHC 6886 SC : (2019) 9 SCC 24]
squarely applies in the case of the applicant. The applicant cannot get the extra-ordinary remedy of anticipatory bail in this case. The application is disposed of with a direction to the applicant to surrender before the investigating officer within
three weeks. In view of the fact that she had
undergone a miscarriage, and is convalescing in consequence to that, as evident from the document
produced, in the event of her being arrested, after interrogation she shall be produced before
Bail Appl..No.4983 OF 2020
the jurisdictional court, where she shall be at
liberty to apply for a regular bail which can be considered and disposed of preferably on the very same day, keeping in view of the proviso to Section 437 of Cr.P.C if found applicable.
Sd/-
ASHOK MENON
JUDGE
SPK
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail despite serious allegations?
Whether the conditions prescribed under Section 438 Cr.P.C are applicable in the present facts?
Colour shows how this judgement treated each authority
P. Chidambaram v. Directorate of EnforcementApplied¶44
_P. Chidambaram v. Directorate of Enforcement [2019 KHC 6886 SC : (2019) 9 SCC 24]_ · Who else cites this
1 provisions across 1 enactments
Shiji P R
State of Kerala represented by Public Prosecutor
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
