IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
BAIL APPL. NO. 3969 OF 2022
CRIME NO.366/2022 OF Kodungallur Police Station, Thrissur
PETITIONER/ACCUSED:
ATHIRA M D, WIFE OF SYAM
AGED 26 YEARS
WIFE OF SYAM MADATHIPARAMBIL HOUSE
EDATHIRINJI, THRISSUR DISTRICT
BY ADVS.
M.SHAJU PURUSHOTHAMAN
K.S.RAJESH
RESPONDENT/COMPLAINANT & ADDL.R2:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
ADDL.R2 SAMESH KUMAR P K,AGED 46 YEARS
S/O KUNCHAN, KAISER APARTMENT, FLAT NO. 4A,
NEAR KARTHYAINI TEMPLE, AYYANTHOLE, THRISSUR -680003
IS IMPLEADED AS PER ORDER DATED 06.07.2022 IN CRL.M.A.NO.1/2022.
BY ADVS.
R1 BY PUBLIC PROSECUTOR SHRI M.C.ASHI
R2 BY ADVS.SINDHU SANTHALINGAM
JESSY S.SALIM
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.07.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VIJU ABRAHAM, J.
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B.A. No.3969 of 2022
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Dated this the 6th day of July, 2022
ORDER
This is an application for anticipatory bail.
2. Petitioner is the accused in Crime No.366 of 2022 of Kodungallur Police Station registered alleging commission of offences punishable under Sections 406, 408 and 420 of the Indian Penal Code (in short, "IPC").
3. Prosecution case, in brief, is that the accused being the gold executive and assistant manager of the defacto complainant which is a financial institution by name Dhanalakshmi Hire Purchase and Leasing Ltd., misappropriated Rs.16,16,542/- after having received the same for taking over the gold ornaments pledged with other financing firms but neither handed over the gold ornaments nor the amount and thus committed the abovesaid offences.
4. Petitioner submits that she has been falsely implicated in the abovesaid crime. What has happened is that the petitioner was instructed by the complainant to bring the gold ornaments pledged with a financing firm at Kaloor, Ernakulam on 21.03.2022 and the petitioner while riding scooter met with an accident when the petitioner reached at BA No.3969 of 2022 3 Kodungallur and the petitioner fell into a canal nearby the road, The petitioner was unconscious due to the fall and the local people brought her to Government Hospital, Kodungallur, wherefrom the petitioner was referred to Elite Mission Hospital, Thrissur and the staff of the complainant firm brought the petitioner for further treatement. The petitioner was admitted in ICU and was discharged on 22.03.2022. It is further submitted that the petitioner was carrying the gold ornaments and cash in the handbag kept by her but the same was lost when she met with the accident. The co-employees of the petitioner informed that the complainant firm decided to proceed with the case and the petitioner need not lodge any complaint regarding the loss of ornaments and money. Petitioner trusted the co-workers and the employer firm. But the office bearers of the complainant firm came to the house of the petitioner and forcibly took her to the office where cheque leaves and papers were got signed under duress. It is submitted by the learned counsel for the petitioner that a private complaint was filed as regard the said incident as Crl.M.P.No.4969 of 2022 before the Judicial First Class Magistrate Court, Kodungallur and as per the order passed by the jurisdictional court, now a crime has been registered. Further that, as regard the harassment meted out by the petitioner, complaints were filed before the District Police Chief, Thrissur by the petitioner as well as her mother as is evident from Annexures-3 and 4.
BA No.3969 of 2022 4
5. The defacto complainant got impleaded in this case and seriously opposed the application for bail mainly contending that she has admitted the factum of misappropriation of gold and money. Further that, an amount of Rs.50,000/- each was paid to two staffs of the bank namely Manjula and Sheeba through google pay and have also given two cheques dated 30.03.2022 amounting to Rs.4,59,000/- and Rs.4,00,000/- and both the cheques were returned on presentation due to insufficient funds. It is further submitted that the petitioner has also intentionally taken away security register of pledged gold ornaments, KYC register recording Aadhar card, PAN card of the pledgers, key hand memo register and staff movement register. It is also submitted that the petitioner has acted illegally and dishonestly for cheating the firm and she is liable to be prosecuted in accordance with law.
6. Learned Public Prosecutor upon instructions submitted that the investigation is in progress and it is only after questioning the petitioner that the truth of the matter could be revealed. It is a fact that the accident occured on 21.03.2022 and the same is not disputed by prosecution as well as the defacto complainant.
7. Considering the fact that the petitioner is a lady aged 26 years and has no other criminal antecedents, I feel that the petitioner is entitled for bail but on stringent conditions.
Therefore, the bail application is disposed of with the BA No.3969 of 2022 5 following directions. The petitioner shall surrender before the investigating officer on 14.07.2022 and make herself available for interrogation on 15th and 16th July, 2022 also. In the event of arrest of the petitioner in connection with Crime No.366 of 2022 of Kodungallur Police Station, she shall be produced before the jurisdictional Magistrate and shall be released on bail on the following conditions:
(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.
(ii) She shall co-operate with the investigation and make herself available for interrogation whenever required;
(iii) She shall not tamper with any evidence;
(iv) She shall not directly or indirectly make any inducement,
threat or promise to any witness acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer;
(v) She shall not involve in any other crime while on bail.
(vi) She shall surrender her passport before the jurisdictional court. If the petitioner does not have a passport, she shall file an affidavit to that effect before the jurisdictional court within a period of one week from the date of release on bail.
If any of the aforesaid conditions are violated, the BA No.3969 of 2022 6 Investigating Officer in Crime No.366 of 2022 of Kodungallur Police Station may file an application before jurisdictional court for cancellation of bail.
It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by the petitioner even when the petitioner is on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020 (1) KHC 663).
Sd/-
VIJU ABRAHAM JUDGE cks BA No.3969 of 2022 7 APPENDIX OF BAIL APPL. 3969/2022 PETITIONER ANNEXURES Annexure1 THE TRUE COPY OF THE FIR IN CRIME.366 OF 2022 REGISTERED THE KODUNGALLUR POLICE STATION DT.2.4.2022 Annexure2 THE TRUE COPY OF THE DISCHARGE SUMMARY OF HOSPITAL DT.22.3..2022 Annexure3 THE TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE DISTRICT POLICE CHIEF, THRISSUR DT.7.4.2022 Annexure4 THE TRUE COPY OF THE RECEIPT ISSUED BY THE DISTRICT POLICE CHIEF,THRISSUR DT.14.5.2022