High Court Kerala High Court

C.N. Santhamma vs State Of Kerala on 16 February, 2009

Kerala High Court
C.N. Santhamma vs State Of Kerala on 16 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 648 of 2009()


1. C.N. SANTHAMMA, W/O. SRI. RAMAKRISHNA
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. STATION HOUSE OFFICER,

                For Petitioner  :SRI.O.V.RADHAKRISHNAN (SR.)

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :16/02/2009

 O R D E R
                               K. HEMA, J.
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                       Bail Appl. No. 648 of 2009
               ---------------------------------------------------
           Dated this the 16th day of February, 2009.

                                   ORDER

Petition for anticipatory bail.

2. The alleged offences are under Sections 407, 409,

420, 477A and 34 of IPC. According to prosecution, A1, who is a

Mahila Pradan Agent, collected various amounts from depositors

even during the period while she was under suspension and

misappropriated the amount without depositing the same in the

post office. The 2nd accused, who was the Sub Post Master, who

was in exclusive possession of the stamps, office seal etc. but

those were used by first accused for creating documents to use

it as genuine and thereby both accused committed offence in

furtherance of common intention.

3. Learned counsel for petitioner submitted that

petitioner retired as early as on 31.3.2007 and the crime was

registered only on 28.3.2008 i.e. after about one year of her

retirement. It is not clear during which period the relevant

documents were created and how the office seal was obtained

etc. It is not possible to make any conclusion regarding

involvement of petitioner, on the basis of the materials now

available. Petitioner has not committed any offence, but after

about one year of her retirement, she was implicated alleging

that the office seal which was kept in her exclusive custody was

used for the offence. She may be granted anticipatory bail, it it

submitted.

[[B.A. No.648/09] 2

4. Learned Public Prosecutor submitted that petitioner

may be directed to appear before the investigating officer for

interrogation and subject to that he has no objection in granting

anticipatory bail.

5. 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 Court

concerned within 7 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 learned Magistrate, on the

following conditions:

i) The petitioner shall co-operate with the

investigation and make herself

available for interrogation as and

when directed.

ii) The petitioner shall not influence or

intimidate any witness or tamper

with evidence or commit any offence

while on bail.

This petition is allowed.

K. HEMA, JUDGE.

Krs.