IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5803 of 2007()
1. LATHA P.V., W/O.K.L.SIMON, KOTHOOR
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :08/10/2007
O R D E R
R. BASANT, J.
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B.A.No. 5803 of 2007
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Dated this the 8th day of October, 2007
O R D E R
Application for anticipatory bail. The petitioner, a woman,
faces allegations, inter alia, under Sections 420 and 468 I.P.C.
Investigation is in progress. The petitioner apprehends imminent
arrest.
2. The petitioner is a Junior Superintendent working in the
Police Academy. The crux of the allegations against her is that she
got a police constable to apply for loan for her own purpose. She
offered herself as one of the sureties. The defacto complainant had
never offered himself as one of the sureties. But he was shown as
one surety. His signature was forged. His salary certificate was
made use of. The petitioner took the entire loan amount. The defacto
complainant later knew about the alleged forgery and
misappropriation of amounts. He accordingly filed the complaint.
Investigation is in progress. The petitioner apprehends imminent
arrest.
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2. The learned counsel for the petitioner submits that the petitioner is
absolutely innocent. It is prayed that directions under Section 438 Cr.P.C.
may be issued in favour of the petitioner.
3. The learned Prosecutor opposes the application. He submits that
there are no features in this case, which would justify the invocation of the
extra ordinary equitable discretion under section 438 Cr.P.C. in favour of
the petitioner.
4. The learned counsel for the petitioner submits that amounts have
been/shall be paid. Sufficient time has been given. The amount has not
been paid and the liability of the defacto complainant has not been
discharged so far. This I am satisfied is a fit case where the petitioner
must resort to the ordinary and normal procedure of appearing before the
Investigator or the learned Magistrate having jurisdiction and then seek
regular bail in the ordinary course. Needless to say, if the petitioner
satisfies the learned Magistrate that the entire amount has been paid and
discharged, the learned Magistrate shall take note of that circumstance also
as one relevant inputs while considering the claim for regular bail of the
petitioner.
5. This application is accordingly dismissed. I may however
hasten to observe that if the petitioner appears before the learned Magistrate
B.A.No. 5803 of 2007
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and applies for bail after giving sufficient prior notice to the
Prosecutor in charge of the case, the learned Magistrate must proceed to
pass orders on merits, in accordance with law and expeditiously.
(R. BASANT)
Judge
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