Allowed

Bindu Nk v. State of Kerala

Kerala HC15 Feb 2021Bail Appl./394/2021

Case brief

AI extract

What is this about?

This order grants pre-arrest bail to the second accused in a cheating case. The court found the primary allegations were against her husband, noting no specific role was attributed to her. She is a bank manager with no criminal record, and custodial interrogation was deemed unnecessary.

What did the court decide?

Pre-arrest bail granted; surrender to investigating officer within two weeks; bail on Rs. 1,00,000 bond with sureties on specific conditions.

Bindu Nk Vs State of Kerala — Cheating and Forgery | Kerala HC (2021)

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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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MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

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Bail Appl..No.394 OF 2021

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CRIME NO.1498/2020 OF Town West Police Station, Thrissur

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PETITIONER/2nd ACCUSED:

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BINDU N.K. AGED 34 YEARS WIFE OF ANAND ASHOK, GEETHA SADHAN, KURUVATTOR,KOZHIKODE 673611

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BY ADV. SHRI.K.K.JAYARAJ NAMBIAR

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031

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R1 BY SMT.V.SREEJA-PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.No.394/2021 2

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O R D E R

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Dated this the 15th day of February 2021

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The applicant is the 2nd accused in Crime No.1498 of 2020 of Town West Police Station, Thrissur for having allegedly committed the offences punishable under Sections 406,409,215,417,418,420,432,465 of the Indian Penal Code (IPC).

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2. The prosecution case in brief is that on 6.2.2019, the 1st accused who is the husband of the applicant and a career agent at the de facto complainant's firm namely Sree Vengidi Giri Gold Works purchased gold ornaments weighing 2944.622 grams by offering in return 2709.052 grams of primary gold within two weeks. But thereafter, the applicant failed to supply the primary gold as promised, nor did he return the gold ornaments which he had obtained from the de facto complainant and thus cheated the de facto complainant. There is also a civil suit pending as O.S.No.181 of 2019 filed against the applicant and her husband before the Sub Court, Thrissur as evidenced by

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B.A.No.394/2021 3

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Annexure A1.

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3. The applicant states that she is innocent in this case and she has no role with the alleged transaction between her husband and the de facto complainant. She is working as Bank Manager in the Union Bank of India, Palakkad District. She has been implicated as an accused only with the intention to coerce her for settlement. She apprehends that the investigating officer may arrest her which will lead to humiliation and harassment. She is, therefore, seeking a pre-arrest bail.

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4. Heard the learned counsel for the applicant and the learned public prosecutor.

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5. The learned counsel for the applicant submits the applicant is a lady and she has no criminal antecedents. The applicant is a bank manager and has a good reputation and, therefore, in the event of her arrest she will be put to much humiliation and inconvenience. The counsel submitted that she is ready to co-operate with the investigation. Her husband, who is arrayed as 1st accused in this case is abroad and

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B.A.No.394/2021 4

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now he is not available here.

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6. Considering the facts and circumstances of this

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case, I think, the custodial interrogation of the applicant is not necessary in this case and she can be granted a pre-arrest bail.

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7. The learned public prosecutor submits that there was an attachment of the property of her husband. But in violation of that order, the property has been partitioned. Thus the intention of her husband is very explicit.

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8. The learned counsel appearing for the applicant submits that there was no transfer of assets which was

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attached. In fact, only ¼ share of the applicant's husband was attached by the court and there was no embargo in partitioning the property among the shareholders and accordingly the family members of the applicant's husband divided the property and the share of the applicant's husband is well available for attachment and there was no transfer, as alleged. It is

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submitted that, in the above circumstances, the applicant may be granted a pre-arrest bail.

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B.A.No.394/2021 5

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9. After hearing both sides, I find that the primary allegation regarding cheating and

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misappropriation is on the applicant's husband. There is no specific allegation regarding the role of the applicant in the entire incident. She is a bank manager and there is no possibility of her absconding or fleeing from justice. The counsel submitted that she will co-operate with the investigation and she is ready to abide by any condition. There is also a civil suit pending between the de facto complainant and the accused regarding the transaction between them.

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In the light of the above and considering the facts and circumstances of this case, I think, the applicant can be granted a pre-arrest bail. Hence, this application is allowed. The applicant shall surrender before the investigating officer within two weeks from today. After interrogation, in the event of her arrest, she shall be released on bail on her executing a bond for a sum of Rs.1,00,000/(Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the

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B.A.No.394/2021 6

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investigating officer and on the following

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conditions:

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(i) The applicant shall appear before the Investigating Officer as and when

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called for.

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(ii) She shall not tamper with evidence, intimidate or influence

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witnesses.

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(iii) She shall not get involved in similar offences during the bail period.

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In case of the breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail.

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Sd/ASHOK MENON

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pkk

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JUDGE

Bindu Nk v. State of Kerala

Case brief

What is this about?

What did the court decide?

Bindu Nk v. State of Kerala

Case brief

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