High Court Kerala High Court

Vasanthi Aged 39 Years vs State Of Kerala Rep. By Of The on 20 October, 2009

Kerala High Court
Vasanthi Aged 39 Years vs State Of Kerala Rep. By Of The on 20 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5039 of 2009()


1. VASANTHI AGED 39 YEARS
                      ...  Petitioner
2. MR. JAYANARYANA SHETY,

                        Vs



1. STATE OF KERALA REP. BY OF THE
                       ...       Respondent

                For Petitioner  :SRI.T.B.SHAJIMON

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :20/10/2009

 O R D E R
                         K.T.SANKARAN, J.
                    ---------------------------------------------
                          B.A.No.5039 of 2009
                    ---------------------------------------------
              Dated this the 20th day of October, 2009


                                 ORDER

This is an application for anticipatory bail under Section 438

of the Code of Criminal Procedure. The petitioners are accused

Nos.1 and 2 in Crime No.149 of 2009 of Badiadka Police Station.

2. The offences alleged against the petitioners are under

Sections 406, 418 and 420 read with Section 34 of the Indian Penal

Code.

3. The defacto complainant filed a complaint before the

court of the Judicial Magistrate of the First Class, Kasaragod which

was forwarded to the police for investigation under Section 156(3)

of the Code of Criminal Procedure. Accordingly, the crime was

registered.

4. The gist of the prosecution case is the following: The

defacto complainant, Gandhi Smaraka Seva Kendram, is a society

registered under the Societies Registration Act. Apart from its

other activities, it is engaged in micro finance to the Self Help

Groups affiliated with the society for the upliftment of the poor.

Sreesaskthi Self Help Group was formed for helping the poor

women in the area. That group was affiliated to the complainant’s

BA 5039/2009 2

society. A sum of Rs.76,000/- was granted as loan to Sreesakthi

Self Help Group. The allegation is that without crediting that

amount in the account of Sreesakthi Self Help Group, the accused

persons had misappropriated the amounts by drawing the amount

from the Bank. In spite of the promise to credit the same in the

account of Sreesakthi Self Help Group, it was not done. It is also

alleged that in the cheque for Rs.76,000/-, signature of the

President of the Self Help Group, namely, Kanchana, was obtained

by the accused with the assurance that the amount would be

credited in the account of Sreesakthi Self Help Group. But, it was

not done.

5. Taking into account the facts and circumstances of the

case, the nature and gravity of the offence and the allegations

levelled against the petitioners, I am of the view that the

petitioners are not entitled to get the discretionary relief under

Section 438 of the Code of Criminal Procedure. If bail is granted to

the petitioners, it would adversely affect the smooth and proper

investigation of the case.

The Bail Application is accordingly dismissed.

K.T.SANKARAN,
JUDGE
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