High Court Kerala High Court

Vasanthy vs State Of Kerala on 25 September, 2008

Kerala High Court
Vasanthy vs State Of Kerala on 25 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 4804 of 2008()


1. VASANTHY, W/O KOTTAYAM RAVI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :25/09/2008

 O R D E R
                                K. HEMA, J.
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                         B.A. No. 4804 of 2008
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          Dated this the 25th day of September,2008

                                  O R D E R

Petition for anticipatory bail.

2. The alleged offences are under sections 420 and 406

IPC. According to the prosecution, petitioner along with her son

who is the 2nd accused received an amount of Rs.30,00,000/- from

various persons and failed to return the amount. Therefore, a

complaint was lodged against her by defacto-complainant alleging

cheating and misappropriation.

3. Learned counsel for the petitioner submitted that the

allegations made against petitioner are absolutely false. Petitioner

joined a kuri with four ladies in the neighborhood who are

conducting kuri and she was paying the amount in instalments

without any default. But, when the kuri was completed, they

refused to pay the amount. There was some altercation regarding

this and petitioner was taken to the police station without even

registering any crime against her. She was harassed at the police

station.

4. Therefore, she lodged a complaint before the Human

Rights Commission as Annexure-1 making allegation against the

Station House Officer of the police station. This happened in the

year 2007 and Annexure-1 was given in November, 2007.

Thereafter, on 20-11-2007 a lawyer notice was caused to be

BA 4804/08 -2-

issued to the four ladies as Annexure-II demanding the money back.

But, the money was not repaid. Instead, one of those ladies, with the

aid of the police, who has grudge against petitioner, has made a

complaint making false allegations. Petitioner is only a house wife

and the allegation is that Rs.30 lakhs was paid to petitioner without

any documents to support the payment. If petitioner is arrested on

such allegations, she will be subjected to irreparable injury and

harassment at the police station, especially since he moved the

Human Rights Commission against the atrocities of the police

5. Learned Public Prosecutor conceded that the payment

effected to the tune of Rs.30 lakhs is not supported by any

document. He also submitted that 2nd accused is already arrested

and he was released on bail. However, petitioner may be directed to

make herself available for interrogation and subject to this, he has

no objection in granting anticipatory bail to petitioner.

6. On hearing both sides, I am satisfied that anticipatory bail

can be granted to petitioner and the following order is passed:-

Petitioner shall surrender before the Magistrate

within seven days from today and if any bail

application is filed, petitioner shall be released on

bail on her executing a bond for Rs. 25,000/- with

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two solvent sureties each for the like amount to the

satisfaction of the learned Magistrate on the

following conditions:-

i) Petitioner shall make herself available for

interrogation by the Investigating Officer

as and when directed.

ii) Petitioner shall co-operate with the

investigation.

This petition is allowed.

K.HEMA, JUDGE.

mn.