Ajisha.K.A vs State Of Kerala
2023 Latest Caselaw 1008 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
  TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                    BAIL APPL. NO. 1272 OF 2022
   Crime No.1005/21 of Mulavukad Police Station, Ernakulam
                             District,
PETITIONER/ACCUSED:

          AJISHA.K.A
          AGED 29 YEARS
          THERAKKAL, CHENDAMANGALAM P.O,NORTH PARAVUR
          683512, PIN - 683512
          BY ADV C.S.UMAR FAROOK

RESPONDENT/STATE:

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
          KERALA
          ERNAKULAM, PIN - 682031
          BY ADV PUBLIC PROSECUTOR

OTHER PRESENT:

          PP: SRI. M.C.ASHI


    THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 17.01.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 B.A. No.1272 of 2022             :2:




                        VIJU ABRAHAM, J.
         -- -- -- -- -- -- -- -- -- -- -- -- --
                       B.A. No.1272 of 2022
         -- -- -- -- -- -- -- -- -- -- -- -- --
              Dated this the 17th day of January, 2023

                                 ORDER

This is an application for anticipatory bail.

2. The petitioner is the sole accused in Crime No.1005/21 of

Mulavukad Police Station, Ernakulam District, alleging commission

of offences punishable under Sections 408, 409, 464, 467, 468, 471

and 474 of the Indian Penal Code.

3. The prosecution allegation is that, during the period

between 2020-21, the petitioner secured illegal gain by severe

irregularities and by forging documents. It is also alleged that the

petitioner illegally obtained the fixed deposits receipts of various

customers of Kerala bank and pledged them in the branches of

KSFE Ltd for availing chitty amounts in favour of her and also

secured overdraft against fixed deposits of some customers. Over

valuation of gold for sanctioning high loan amount is another

allegation against the petitioner.

4 .The learned counsel for the petitioner submitted that she

has been falsely implicated in the above said crime and that she

has absolutely no involvement in the alleged offence.

5. In this case, the petitioner has been enjoying a 'not to

arrest' order from 15.02.2022 onwards. When the matter came up

for consideration on earlier occasion, this Court has directed the

petitioner to surrender before the investigating officer and co-

operate with the investigation. The learned Public Prosecutor upon

instructions submitted that the petitioner has appeared and

co-operated with the investigation.

6. Having regard to the facts and circumstances of the case

and considering the nature of the allegations, I am of the opinion

that custodial interrogation of the petitioner may not be required

for the purpose of investigation and only a limited custody be

granted for the same. Therefore, I am inclined to grant bail to the

petitioner subject to stringent conditions. In the result, this

application is allowed. It is directed that the petitioner shall

surrender before the investigating officer on 20.01.2023. In the

event of arrest in Crime No.1005/21 of Mulavukad Police Station,

Ernakulam District, she shall be produced before the jurisdictional

Court on the very same day and shall be released on bail, subject

to the following conditions:-

(i) Petitioner shall execute a bond for a sum of

Rs.50,000/- (Rupees fifty thousand only) with two

solvent sureties each for the like-sum to the

satisfaction of the jurisdictional court ;

(ii) The petitioner shall appear before the

investigating officer in Crime No.1005/21 of

Mulavukad Police Station, Ernakulam District , on

every Saturday, at 11 am, until the filing of the final

report;

(iii) Petitioner shall appear before the investigating

officer in Crime No.1005/21 of Mulavukad Police

Station, Ernakulam District as and when summoned

to do so;

(iv) The petitioner shall not attempt to contact the

victim or the defacto complainant or interfere with

the investigation or to influence or intimidate any

witness in Crime No.1005/21 of Mulavukad Police

Station, Ernakulam District;

(v) The petitioner shall not involve in any other crime

while on bail.

If any of the aforesaid conditions are violated, the

investigating officer in Crime No.1005/21 of Mulavukad Police

Station, Ernakulam District may file an application before the

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 sm/