IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3975 of 2008()
1. PRAMEELA KUKHARJI, WORKING AS POST
... Petitioner
2. JOSE.A.J, WORKING AS SUPERINTNEDENT
3. V. PUSHKALADEVI, WORKING AS ASSISTANT
4. K. NARASIMHA NAICKEN, WORKING AS
5. V. JOPSEH STANLEY, WORKING AS OFFICE
6. K.J. MERECY AMMA, WORKING AS
Vs
1. C.I. OF POLICE, NORTH POLICE STATION,
... Respondent
For Petitioner :SRI.N.NAGARESH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :20/06/2008
O R D E R
K. HEMA, J.
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B.A.No. 3975 of 2008
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Dated this the 20th day of June, 2008
O R D E R
Application for anticipatory bail.
2. On a complaint filed by a Post Woman, a crime is registered
against the petitioners, who are officials in the postal department. They are
Post Mistress, Superintendent of Post Offices, Inspector (Public
Grievances), etc. The crime is registered on the basis of a complaint made
by the defacto-complainant to the Chairman of the Scheduled Castes and
Scheduled Tribes Development Corporation, which was forwarded to the
police.
3. Learned counsel for the petitioners submitted that there were
several complaints against the defacto-complainant while she was working
in the department that she was guilty of mis-appropriation of amount of
money orders and non-delivery of postal articles, etc. An enquiry was
conducted and she was found guilty also. There were large number of
complaints from public that non-delivery of article. She was on medical
leave from 10-1-2008 onwards. She had approached the Central
Administrative Tribunal for orders against the action taken against her, but
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not even any interim order was passed in her favour. Since the department
took a firm stand against her, she has filed a complaint to pressurize the
officers to consider her case favourably.
4. On hearing both sides and on going through the complaint, I find
that no allegation is made against the petitioners that they committed the
offence, not being members of Scheduled Caste and Scheduled Tribe. Only
if a person not being a member of the Scheduled Castes and Scheduled
Tribes commit certain acts against member of Scheduled Caste or Tribe, the
offence under section 3 will be attracted.
5. In the circumstances, I find anticipatory bail can be granted to the
petitioners and the following order is passed:-
1. Petitioners shall surrender before the
Investigating Officer within seven days from today
and make themselves available for interrogation.
2. On their surrender and arrest if any, they shall be
released on bail on their executing a bond for
Rs.25,000/- each with solvent sureties each for the
like amount to the satisfaction of the arresting
officer on condition that they will co-operate with
the investigation and report before the
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Investigating Officer as and when directed.
The application is allowed as above.
K. HEMA,
JUDGE.
mn.