Kerala High Court
Sindhu K vs State Of Kerala on 21 December, 2023
B. A. No. 7480/2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA,
1945
BAIL APPL. NO. 7480 OF 2023
CRIME NO.881/2023 OF KANNUR TOWN, KANNUR
AGAINST THE ORDER IN CRMC 1497/2023 OF DISTRICT COURT &
SESSIONS COURT, THALASSERY
PETITIONER/ACCUSED:
SINDHU K, AGED 47 YEARS,
W/O. BABU N, 'KRISHNANJALI', NEAR SREE KRISHNA
TEMPLE,CHIRAKKAL, CHIRAKKAL POST, KANNUR
DISTRICT, PIN - 680564.
BY ADVS.M/S.S.RAJEEV, M.S.ANEER,V.VINAY,SARATH
K.P.,
PRERITH PHILIP JOSEPH,ANILKUMAR C.R. &
K.S.KIRAN KRISHNAN
RESPONDENTS/STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031.
*ADDL. 2 DR. C.V. RAVEENDRANADH, AGED 69 YEARS,
S/O. LATE CHANDUKKUTTY, RED SUN, PALLIYANMOOLA,
ALAVIL P.O. KANNUR DISTRICT, PIN - 670008.
* IMPLEADED AS PER ORDER DATED 25-9-2023 IN
CRL.M.A.NO. 1/2023
B. A. No. 7480/2023
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SRI. M.C. ASHI, P.P.
ADV. SRI. K.RAJESH SUKUMARAN FOR R-2
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B. A. No. 7480/2023
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MOHAMMED NIAS C. P. , J.
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B. A. No. 7480 of 2023
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Dated this the 21st day of December, 2023
ORDER
Apprehending arrest in Crime No. 881/2023 of Kannur Town
Police Station, Kannur District, registered for offences under Sections
406, 409 & 420 of the IPC, the petitioner herein/accused has filed this
petition seeking anticipatory bail.
2. The prosecution case is that since 2004, the petitioner was
working in Krishna Jewels, Thavakkara, Kannur in which the defacto
complainant was the Managing Partner and while so, with dishonest
intention of making unlawful gain, the petitioner had misappropriated an
amount of Rs.7,45,30,646/- by transferring the amount from the account
of Krishna Jewels to her own account and to the account of the
petitioner's husband and other relatives, without the knowledge and
consent of the defacto complainant or other partners of the business.
3. The learned counsel appearing for the petitioner and the learned
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Public Prosecutor were heard. The learned counsel for the defacto
complainant opposed the bail application submitting that huge amount
was misappropriated by the petitioner.
4. This Court had passed an order on 7.12.2023 directing the
petitioner to appear before the Investigating Officer on 11.12.2023 at
9 A.M. It was also made clear that it will be open to the Investigating
Officer to interrogate the petitioner on two more days, if required. Today
when the matter was taken up, the learned counsel for the petitioner and
the learned Public Prosecutor submitted that the petitioner was
interrogated on 11.12.2023, 12.12.2023 & 13.12.2023 and that, she has
co-operated with the investigation.
5. Under such circumstances, I do not find that the custodial
interrogation of the petitioner is necessary and I am inclined to grant
anticipatory bail, subject to limited custody conditions for recovery,
if any. Accordingly, this application is allowed on the following
conditions:
i. The petitioner shall appear before the Investigating Officer within
seven days from today and subject herself to interrogation.
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ii. After interrogation in the event, the Investigating Officer decides
to arrest the petitioner, she shall be released on bail on executing a
bond for Rs.50,000/- (Rupees Fifty Thousand only) with two
solvent sureties each for the like sum to the satisfaction of the
Investigating Officer.
iii.The petitioner shall report before the Investigating Officer for
interrogation as and when directed and shall fully cooperate with
the investigation, including for limited custody for recovery, if any.
iv.The petitioner shall not induce, threaten or intimidate any person
from disclosing facts to the Investigating Officer or to the court.
v. The petitioner shall not leave India without prior permission of the
Magistrate concerned.
vi.The petitioner shall not commit any offence while on bail.
If any of the conditions are violated, the jurisdictional court
concerned shall be empowered to take steps for cancellation of bail as per
law.
It is made clear that it is within the power of the Police to
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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 [2021 (1) KHC 663].
Sd/-
MOHAMMED NIAS C. P., JUDGE
MMG
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APPENDIX OF BAIL APPL.NO.7480/2023
PETITIONER'S ANNEXURES:
ANNEXURE -A1 TRUE COPY OF THE FIRST INFORMATION
REPORT OBTAINED FROM THE SITE
ANNEXURE -A2 TRUE COPY OF THE SIGNED BLANK PAPER
GIVEN BY THE DEFACTO COMPLAINANT TO
THE PETITIONER
ANNEXURE -A3 TRUE COPY OF THE ORDER DATED
08.08.2023 IN CRL.M.C.NO.1497/2023 ON
THE FILES OF SESSIONS COURT,
THALASSERRY
