High Court Kerala High Court

Sreela Vinayakumar vs State Of Kerala on 18 January, 2007

Kerala High Court
Sreela Vinayakumar vs State Of Kerala on 18 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 243 of 2007()


1. SREELA VINAYAKUMAR, AGED 27 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.P.SANJAY

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :18/01/2007

 O R D E R
                             V. RAMKUMAR, J.


                  --------------------------------


                   B.A.Nos.243, 244 & 245 of 2007


                  --------------------------------


                         Dt.  JANUARY 18, 2007


                                   ORDER

The common petitioner in these bail applications is

the 3rd accused in Crime No.727/2006, the 7th accused in

Crime No.839/2006 and the 4th accused in Crime No.710/2006

respectively of Vaikom Police Station registered for an

offence punishable under secs.420 and certain other

sections of the I.P.C. The petitioner is the wife of one

Vinayakumar who, along with his brothers, are alleged to

have taken deposits from the public and swindled large

amounts of money totalling to more than Rs.2 crores.

2. The learned Public Prosecutor opposed the

application submitting inter alia that the petitioner’s

husband who was granted anticipatory bail as per order dt.

31.8.2006 in B.A.No.4058/2006 did not comply with the

directions issued by this court.

3 Even though the learned counsel for the petitioner

would controvert the above submission of the Public

Prosecutor, having regard to the facts and circumstances, I

am not inclined to grant anticipatory bail. But, at the

same time, I am inclined to give an opportunity to the

petitioner to be subjected to custodial interrogation as

BA.243,244&245/2007 2

and when a notice to that effect is given by the

Investigating Officer and then to have her application for

regular bail considered by the magistrate concerned.

Accordingly, the petitioner shall be liable to be subjected

to custodial interrogation by the investigating officer for

the purpose of recovery of incriminating materials, if any.

Due notice in that behalf be given to the petitioner.

After the interrogation as aforesaid, the petitioner shall

either be produced or allowed to file an application before

the magistrate concerned for regular bail. As and when

such an application is filed, the same shall be considered

and disposed of preferably on the same day on which such

application is made. It is made clear that this order will

not stand in the way of the matter being settled with the

creditors by entering into any reasonable arrangement, but

not at the instance of the police or within the precincts

of the police station.

(V.RAMKUMAR, JUDGE)

mt/-