IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4804 of 2008()
1. VASANTHY, W/O KOTTAYAM RAVI,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :25/09/2008
O R D E R
K. HEMA, J.
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B.A. No. 4804 of 2008
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Dated this the 25th day of September,2008
O R D E R
Petition for anticipatory bail.
2. The alleged offences are under sections 420 and 406
IPC. According to the prosecution, petitioner along with her son
who is the 2nd accused received an amount of Rs.30,00,000/- from
various persons and failed to return the amount. Therefore, a
complaint was lodged against her by defacto-complainant alleging
cheating and misappropriation.
3. Learned counsel for the petitioner submitted that the
allegations made against petitioner are absolutely false. Petitioner
joined a kuri with four ladies in the neighborhood who are
conducting kuri and she was paying the amount in instalments
without any default. But, when the kuri was completed, they
refused to pay the amount. There was some altercation regarding
this and petitioner was taken to the police station without even
registering any crime against her. She was harassed at the police
station.
4. Therefore, she lodged a complaint before the Human
Rights Commission as Annexure-1 making allegation against the
Station House Officer of the police station. This happened in the
year 2007 and Annexure-1 was given in November, 2007.
Thereafter, on 20-11-2007 a lawyer notice was caused to be
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issued to the four ladies as Annexure-II demanding the money back.
But, the money was not repaid. Instead, one of those ladies, with the
aid of the police, who has grudge against petitioner, has made a
complaint making false allegations. Petitioner is only a house wife
and the allegation is that Rs.30 lakhs was paid to petitioner without
any documents to support the payment. If petitioner is arrested on
such allegations, she will be subjected to irreparable injury and
harassment at the police station, especially since he moved the
Human Rights Commission against the atrocities of the police
5. Learned Public Prosecutor conceded that the payment
effected to the tune of Rs.30 lakhs is not supported by any
document. He also submitted that 2nd accused is already arrested
and he was released on bail. However, petitioner may be directed to
make herself available for interrogation and subject to this, he has
no objection in granting anticipatory bail to petitioner.
6. 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
within seven days from today and if any bail
application is filed, petitioner shall be released on
bail on her executing a bond for Rs. 25,000/- with
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two solvent sureties each for the like amount to the
satisfaction of the learned Magistrate on the
following conditions:-
i) Petitioner shall make herself available for
interrogation by the Investigating Officer
as and when directed.
ii) Petitioner shall co-operate with the
investigation.
This petition is allowed.
K.HEMA, JUDGE.
mn.