IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6267 of 2007()
1. BINDU, S/O.SOJAN, AGED 30 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.JOICE GEORGE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :17/10/2007
O R D E R
R. BASANT, J.
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B.A. No. 6267 OF 2007
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Dated this the 17th day of October, 2007
ORDER
Application for anticipatory bail. The petitioner is the 7th
accused in the crime. She as well as the 6th accused are both
employees of a finance company. They, it is alleged, had
committed misappropriation, defalcation etc., in the finance
company in which they were working. Audit was impeding.
They wanted the evidence to be destroyed so that the
misappropriation, defalcation etc., would not come to light.
They allegedly contacted the principal accused i.e., A1 who, in
turn, engaged A2 to A5. An amount of Rs.35,000/- was agreed
to be paid to A1 by A6 and A7. That amount was raised by
pledging the gold ornaments of the 6th accused. A7 promised
A6 to give her share later. The amount was delivered to A1
who, in turn, engaged accused 2 to 5. Accused 2 to 5 are
B.A. No.6267 OF 2007 -: 2 :-
mercenaries. They allegedly attempted to break open into the
finance establishment and create evidence to have committed
theft. But the plan did not succeed. The local people, who
heard the attempts of the accused in the establishment, collected
and apprehended some of the accused. The crime was
accordingly registered. Initially, the role of A6 and A7 was not
revealed. The interrogation of the apprehended accused and
others have now led the police to the conclusion that it was at
the instance of A6 and A7 that the conspiracy took place and that
the accused 2 to 5 were only higher links who carried out the
mission of the conspirators at the establishment. Accused No.6
has been arrested. Her confession has been recorded.
Investigation in in progress. The petitioner apprehends
imminent arrest.
2. The learned counsel for the petitioner submits that the
petitioner is absolutely innocent. She has nothing to do with the
conspiracy. It is, in these circumstances, prayed that the
petitioner may be granted anticipatory bail.
3. This application is opposed by the learned Public
Prosecutor. The learned Public Prosecutor submits that the
B.A. No.6267 OF 2007 -: 3 :-
available indications clearly point to the culpable involvement of
the petitioner herein also. Confession of the co- accused i.e.,
A6, clearly reveals the role played by the petitioner herein.
There are indications to suggest that the petitioner had made
phone calls to the 1st accused and the 1st accused had returned
calls in respect of the conspiracy and the further events. At any
rate, this is not a fit case where the discretion under Sec.438 of
the Cr.P.C. can or ought to be invoked, submits the learned
Public Prosecutor.
4. The Case Diary has been perused by me. In particular,
the confession statement of the 6th accused has been perused.
At this early stage of the investigation, I shall not embark on a
detailed discussion on the acceptability of the allegations or the
credibility of the data collected. Suffice it to say that, on an
anxious consideration of all the relevant inputs, I find no features
in this case which would justify or warrant the extraordinary
equitable discretion under Sec.438 of the Cr.P.C. This, I am in
agreement with the learned Public Prosecutor, is a fit case where
the petitioner must resort to the normal and ordinary course of
appearing before the Investigating Officer or the learned
B.A. No.6267 OF 2007 -: 4 :-
Magistrate having jurisdiction and then seek regular bail.
Needless to say that if she so seeks regular bail, she will
certainly be entitled to invoke the compassion of law in favour of
a person like the petitioner – a woman. She has an infant child,
it is submitted.
5. With the above observations, this bail application is
dismissed.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge