IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7827 of 2007()
1. ANNAMMA, S M, VETTOLIL (H),
... Petitioner
Vs
1. CIRCLE INSPECTOR OF POLICE,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.P.SREEKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :02/01/2008
O R D E R
R.BASANT, J.
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B.A.No.7827 of 2007
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Dated this the 2nd day of January 2008
O R D E R
Application for anticipatory bail. The petitioner is the
second accused. She was working as store keeper in the
Government Hospital during the period 1996-2000. The crux of
the allegations against the petitioner is that certain machinery
available in the hospital were found missing. The petitioner
along with the co-accused was allegedly responsible for misuse/
misappropriation of the said machinery. Investigation is in
progress. The petitioner apprehends imminent arrest.
2. The learned counsel for the petitioner submits that
the alleged incident had taken place more than a decade back.
Arrest and incarceration of the petitioner is unnecessary. The
petitioner shall co-operate with the investigators. The petitioner
may, in these circumstances, be granted anticipatory bail, it is
prayed.
3. The learned Public Prosecutor does not oppose the
application; but prays that appropriate conditions may be
imposed in the interests of a fair, efficient and expeditious
investigation.
B.A.No.7827/07 2
4. Having considered all the relevant circumstances, I
am satisfied that this is a fit case where directions under Section
the 438 Cr.P.C can be issued in favour of the petitioner, a
woman, subject to appropriate terms and conditions.
5. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C in favour of the
petitioner.
i) Petitioner shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 09/01/2008. She
shall be released on regular bail on condition that she executes a
bond for Rs.50,000/-(Rupees fifty thousand only) with two
solvent sureties each for the like sum to the satisfaction of the
learned Magistrate.
ii) The petitioner shall make herself available for
interrogation before the investigating officer between 10 a.m
and 3 p.m on 10/01/2008 and 11/01/2008. During this period,
the investigating officer shall be at liberty to interrogate the
petitioner in custody and take all necessary steps for the proper
investigation of this case. Thereafter the petitioner shall so
appear on all Mondays between 10 a.m and 12 noon for a period
of two months and subsequently as and when directed by the
investigating officer in writing to do so.
B.A.No.7827/07 3
(iii) If the petitioner does not appear before the learned
Magistrate as directed in clause (i), directions issued above shall
thereafter stand revoked and the police shall be at liberty to
arrest the petitioner and deal with her in accordance with law, as
if these directions were not issued at all.
(iv) If she were arrested prior to 09/01/2008, she shall be
released from custody on her executing a bond for Rs.50,000/-
(Rupees fifty thousand only) without any sureties, undertaking to
appear before the learned Magistrate on 09/01/2008.
(R.BASANT, JUDGE)
jsr
B.A.No.7827/07 4
B.A.No.7827/07 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007