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.
---------------------------------------------------
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.