Athira M D vs State Of Kerala
2022 Latest Caselaw 8456 Ker

Citation : 2022 Latest Caselaw 8456 Ker
Judgement Date : 6 July, 2022

Kerala High Court

Athira M D vs State Of Kerala on 6 July, 2022

                    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.
                 .................................................................
                               B.A. No.3969 of 2022
                 .................................................................
                      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

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.

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

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

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

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