IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1735 of 2010()
1. SARADAMONY. AGED 58 YEARS
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.V.V.RAJA
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :05/04/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 1735 of 2010
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Dated this the 5th day of April, 2010
O R D E R
This is an application for anticipatory bail under Section 438
of the Code of Criminal Procedure. The petitioner is accused No.2
in Crime No. 815/2009 of Kollam East Police Station.
2. The offences alleged against the petitioner are under
Sections 406, 409 and 418 read with Section 34 of the Indian
Penal Code.
3. The petitioner was working as Assistant Sales Woman
of Supplyco Super Market, Chinnakkada, Kollam. She retired from
Service on 31.03.2009. The prosecution case is that during the
period while the petitioner was in service, she along with accused
Nos. 1 and 2 misappropriated a sum of Rs.2,34,351/- and caused
loss to the Supplyco to the tune of Rs.1,93,303.98/- due to the
shortage in stock.
4. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
B.A. No. 1735 / 2010 2
5. The learned counsel for the petitioner submitted that the
petitioner had no access to the accounts or to the cash and there
was no occasion for the petitioner to deal with the cash of
Supplyco.
6. Taking into account the facts and circumstances of the
case, the nature of the offence and other circumstances, I am of
the view that anticipatory bail can be granted to the petitioner.
There will be a direction that in the event of the arrest of the
petitioner, the officer in charge of the police station shall release
her on bail on her executing bond for Rs. 15,000/- with two
solvent sureties for the like amount to the satisfaction of the
officer concerned, subject to the following conditions:
A) The petitioner shall report before the
investigating officer between 9 A.M and 11 A.M.
on alternate Mondays for two months.
B) The petitioner shall appear before the
investigating officer for interrogation as and when
required;
C) The petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence.
B.A. No. 1735 / 2010 3
D) The petitioner shall not commit any offence or
indulge in any prejudicial activity while on bail.
E) In case of breach of any of the conditions
mentioned above, the bail shall be liable to be
cancelled.
The Bail Application is allowed to the extent indicated
above.
K.T. SANKARAN, JUDGE
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