IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7418 of 2008()
1. MEERABAI, AGED 50 YEARS, W/O.BALAN,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.JIJO PAUL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :12/12/2008
O R D E R
K.HEMA, J.
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B.A.No. 7418 of 2008
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Dated this the 12th December, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 417 and 420
read with 34 of the Indian Penal Code. Petitioner and her
husband, who are accused 2 and 1 respectively, allegedly
cheated de facto complainant by persuading him to pay
Rs.8,00,000/- offering an employment as teacher in the school.
Thereafter, no employment was given and the amount was also
not paid.
3. Learned counsel for petitioner submitted that first
accused is Manager of the school and petitioner is his wife.
The allegation is that first accused received huge amount from
various persons offering employment and such persons,
including de facto complainant, filed suit against first accused.
In the suit second accused was not a defendant. Petitioner is
implicated in criminal case only with a view to settle the civil
cases, it is submitted. Petitioner is absolutely innocent of the
allegations made and only vague allegations are made against
her that it was at her instance that the amount was paid.
BA.7418/08 2
Hence, anticipatory bail may be granted, it is submitted. It is
also pointed out that in ten other similar cases, petitioner was
grant anticipatory bail.
4. Learned Public Prosecutor submitted that the
allegations against petitioner is that it is at her instance that
the amount was paid.
5. On hearing both sides, I am satisfied that anticipatory
bail can be granted to petitioner on conditions. Hence, the
following order is passed:
Petitioner shall surrender before the
Magistrate Court within seven days from today
and she shall be released on bail on her
executing a bond for Rs.25,000/- with two solvent
sureties each for the like sum to the satisfaction
of the learned Magistrate, on the following
conditions:
i) Petitioner shall report before the
investigating officer as and when
directed.
ii) Petitioner shall not commit any
offence while on bail.
Petition is allowed.
K.HEMA, JUDGE
vgs.