Priya V.K vs Station House Officer
2022 Latest Caselaw 4859 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
        FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
                      BAIL APPL. NO. 8067 OF 2021
        CRIME NO.876 OF 2021 OF MATTANUR POLICE STATION, KANNUR
 AGAINST THE ORDER/JUDGMENT IN CRMC 1289/2021 OF SESSIONS COURT,
                                  THALASSERY
PETITIONER/ACCUSED NO.3:

            PRIYA V.K
            AGED 43 YEARS
            W/O. PRADEEP KUMAR, RESIDING AT 'THAMASA', MATTANUR
            PAZHASSI VILLAGE, IRITTY TALUK, KANNUR DIST.-670 703

            BY ADV CELINE JOSEPH



RESPONDENTS/COMPLAINANT & STATE:

    1       STATION HOUSE OFFICER
            MATTANUR POLICE STATION, MATTANUR, KANNUR DIST.-670 702

    2       THE STATE OF KERALA,
            REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM-682 031

            SRI SURESH- SR. PP


     THIS    BAIL   APPLICATION     HAVING     COME   UP   FOR   ADMISSION   ON
29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 8067 OF 2021

                                      2

                                  ORDER

The petitioner is the 3rd accused in Crime No.876/2021 of

Mattanur Police station, which was registered for the offences

punishable under Sections 406, 409, 420, 468, 471 r/w

Section 34 of the Indian Penal Code.

2. The aforesaid crime was registered on the basis of a

complaint submitted by the defacto complainant. The basic

allegation against the petitioner is that during the period from

31.05.2018 to 21.06.2018, the defacto complainant pledged

certain gold ornaments with one Unimoni Financial Services

Ltd. Mattanur in which the petitioner herein was an officer.

Later when the defacto complainant has approached the

aforesaid establishment for clearing the liability and for

returning the gold ornaments, it was revealed that the 1 st

accused, who is the Managing Director of the said

establishment had pledged the gold ornaments with another

establishment and obtained money. The complaint was filed in

such circumstances and the crime was registered

accordingly. This application is submitted for anticipatory bail. BAIL APPL. NO. 8067 OF 2021

3. Heard both sides.

4. Learned counsel appearing for the petitioner

contended that the petitioner is innocent of all the allegations.

She was only an employee of the establishment and even

according to the averments contained in the complaint the

specific act of pledging was done by the 1 st accused. It is

pointed out that she has no role in it and hence learned

counsel prays for allowing the application.

5. On the other hand learned Public Prosecutor would

oppose the same. It is pointed out that there are sufficient

materials on record indicating the complicity on her part.

6. When examining the entire materials placed on

record, it is discernible that the petitioner is only an employee

of the establishment. The basic allegations are against the 1 st

accused, who was controlling the affairs of the aforesaid

establishment. In such circumstances, I am of the view that

anticipatory bail can be granted to the petitioner subject to

the following conditions:

1) The petitioner shall surrender before the

Investigating officer, within a period of two weeks from today, BAIL APPL. NO. 8067 OF 2021

for subjecting herself for interrogation.

2) After interrogation, the petitioner shall be released

on bail, on the very same day of surrender upon the petitioner

executing a bond for Rs.1,00,000/- (Rupees One Lakh only)

with two solvent sureties each for the like sum, to the

satisfaction of the investigating officer.

3) The petitioner shall fully co-operate with the

investigation, including subjecting herself to the deemed

police custody for the purpose of recovery, if any, as and when

demanded.

4) The petitioner shall appear before the Investigating

Officer between 10.00 a.m and 11.00 a.m on every Wednesday

until the filing of final report.

5) The petitioner shall also appear before the

investigating officer as and when required by him.

6) The petitioner shall not commit any offence of like

nature while on bail.

7) The petitioner shall not make any attempt to contact

any of the prosecution witnesses, directly or through any

other person, or any other way try to tamper with the BAIL APPL. NO. 8067 OF 2021

evidence or influence any witnesses or other persons related

to the investigation.

8) The petitioner shall not leave the State of Kerala

without the permission of the trial court.

In case of violation of any of the above conditions, the

jurisdictional Magistrate/Court shall be empowered to

consider the application for cancellation of bail, if any, and

pass appropriate orders in accordance with the law.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE mpm