The Court allowed anticipatory bail applications filed by a woman accused of offences under IPC sections 409, 420, 421, 464, and 468 in connection with a financial fraud case where she was employed as a manager.
Applicant directed to surrender before investigating officer within two weeks; bail bond of Rs. 1 lakh with two solvent sureties required.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 03RD DAY OF NOVEMBER 2020 / 12TH KARTHIKA, 1942
Bail Appl..No.5620 OF 2020
CRIME NO.201/2020 OF Kayamkulam Police Station, Alappuzha
PETITIONER/ACCUSED:
SREEMATHI PILLAI AGED 51 YEARS SANKARAMANGALATHU, KATTACHIRA, BHARANIKAVU, ALAPPUZHA DISTRICT 690503
BY ADV. SHRI.ARUN KRISHNA
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031
2 SUKUMARAN AGED 71 YEARS KARUKATHALA MEKATHIL, KATTILKAAVU P.O, KARUNAGAPALLY, KOLLAM 690542
R1 BY PUBLIC PROSECUTOR R2 BY ADV. SRI.C.S.AJITH PRAKASH R2 BY ADV. SRI.T.K.DEVARAJAN R2 BY ADV. SMT.T.N.SREEKALA R2 BY ADV. SHRI.BABU M. R2 BY ADV. SMT.ANCY THANKACHAN R2 BY ADV. SHRI.NIDHIN RAJ VETTIKKADAN
OTHERS PRESENT:
SRI.AJITH MURALI -PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.11.2020, ALONG WITH Bail Appl..5621/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 03RD DAY OF NOVEMBER 2020 / 12TH KARTHIKA, 1942
Bail Appl..No.5621 OF 2020
CRIME NO.176/2020 OF Kayamkulam Police Station, Alappuzha
PETITIONER/ACCUSED:
SREEMATHI PILLAI AGED 51 YEARS SANKARAMANGALATHU, KATTACHIRA, BHARANIKAVU, ALAPPUZHA DISTRICT 690503
BY ADV. SHRI.ARUN KRISHNA
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031.
2 JAYAPRAKASH M.S AGED 52 YEARS CHEMPAKASSERIL, PATHIYOOR EAST, KERIKKADU P.O, KAYAMKULAM, ALAPPUZHA, PIN – 690508.
R1 BY PUBLIC PROSECUTOR R2 BY ADV. SRI.C.S.AJITH PRAKASH R2 BY ADV. SRI.T.K.DEVARAJAN R2 BY ADV. SMT.T.N.SREEKALA R2 BY ADV. SHRI.BABU M. R2 BY ADV. SMT.ANCY THANKACHAN R2 BY ADV. SHRI.NIDHIN RAJ VETTIKKADAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.11.2020, ALONG WITH Bail Appl..5620/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA Nos.5620 & 5621/2020
3
COMMON ORDER
Applications seeking anticipatory bail filed under Section 438 Cr.PC.
BA Nos.5620 & 5621/2020
4
She had no role in either the misappropriation or the amassing of wealth. It is stated that she had not earned anything personally and the entire amount which she had collected had gone to the accounts of the Company. She was not therefore enriched personally. The de facto complainant has appeared in these applications and has serious objections to granting of pre-arrest bail to the applicant stating that their hard-earned money was deposited in the aforesaid institution in expectation for the higher rate of interest.
BA Nos.5620 & 5621/2020
5
further investigation may be required. There is no reason to believe that she will not cooperate with the investigation and would abscond. Therefore, I find that the applicant is entitled to a prearrest bail.
In the result, these bail applications are allowed and the applicant is directed to surrender before the investigating officer within two weeks. In the event of her being arrested, after interrogation, she shall be released on bail on the execution of a bond for Rs.1,00,000/- (Rupees One lakh only) in each of the crimes with two solvent sureties, each for the like amount to the satisfaction of the investigating officer, and on the following further conditions:
(i) She shall appear before the investigating officer as and when called for and co-operate with the investigation.
(ii) She shall not tamper with evidence or intimidate or influence the witnesses.
(iii) She shall not get involved in any similar offence during the currency of the bail.
In case of breach of any of the above bail conditions, the prosecution is at liberty to approach the jurisdictional court for cancellation of the bail.
Sd/-
ASHOK MENON
JUDGE
jg
1 issue framed by the court
Whether anticipatory bail should be granted to an accused working as a manager who received deposits on behalf of a company involved in financial fraud.
1 provisions across 1 enactments
Sreemathi Pillai
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
