Kerala High Court
Suma Thankappan vs State Of Kerala on 13 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 13TH DAY OF JANUARY 2023 / 23RD POUSHA, 1944
BAIL APPL. NO. 5873 OF 2022
Crime No.407/2022 of Vettathooval Police Station,
PETITIONER/ACCUSED:
SUMA THANKAPPAN
AGED 56 YEARS
W/O THANKAPPAN,
NEDUMPANAKUDIYIL, RAJAKKAD P.O.,
IDUKKI DISTRICT
, PIN - 685566
BY ADV LATHEESH SEBASTIAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
OTHER PRESENT:
PP: M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.01.2023, ALONG WITH Bail Appl..6033/2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 5873 OF 2022
BAIL APPL. NO. 6033 OF 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 13TH DAY OF JANUARY 2023 / 23RD POUSHA, 1944
BAIL APPL. NO. 6033 OF 2022
Crime No.316/2022 of Vettathooval Police Station,
PETITIONER/ACCUSED:
SUMA THANKAPPAN
AGED 56 YEARS
W/O THANKAPPAN,
NEDUMPANAKUDIYIL, RAJAKKAD P.O.,
IDUKKI DISTRICT
, PIN - 685566
BY ADV LATHEESH SEBASTIAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
PP SRI.M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.01.2023, ALONG WITH Bail Appl..5873/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 5873 OF 2022
BAIL APPL. NO. 6033 OF 2022
3
VIJU ABRAHAM, J
BA Nos.5873 & 6033 of 2022
th
Dated this the 13 day of January, 2023
O R D E R
This is an application for anticipatory bail.
th
2. In BA No.5873/2022, petitioner is the 5 accused in
Crime No. 407/2022 of Vettathooval Police Station, alleging
commission of offences punishable under Sections 447, 379,
411 r/w 34 of lPC and in BA No.6033/2022, petitioner is the
rd
3 accused in Crime No. 316/2022 of Vetlathooval Police
Station, alleging commission of offences punishable under
Sections 379,411 rlw 34 of lPC.
3. In CR No.407/2022 the prosecution allegation against
the accused Nos. 1 to 4 is that they had committed theft of
aluminum cables kept by the defacto complainant, who is
working as Sub Engineer at Electric Section, Kambitikandam,
Kerala State Electricity Board worth Rs.1,75,000/- between
13.06.2022 and 07.07.2022. lt is further alleged that the
petitioner had purchased some of the electric cables brought
BAIL APPL. NO. 5873 OF 2022
BAIL APPL. NO. 6033 OF 2022
by accused Nos 1 and 2 for sale, knowing the same as
proceeds of theft at the scrap shop of the petitioner and
thereby the accused has committed the aforesaid offences.
4. In CR No.316/2022 the prosecution allegation against
the accused Nos. 1 and 2 is that they had committed theft of
G.l. stay wire kept by the defacto complainant, who is working
as Assistant Engineer in charge of Electric Section,
Kambitikandam, Kerala State Electricity Board worth
Rs.24,000/- weighing 236 kgs between 14.05.2022 and
18.05.2022. lt is further alleged that the petitioner had
purchased some of the G.l. stay wire brought by accused Nos
1 and 2 for sale knowing the same as proceeds of theft at the
scrap shop of the petitioner and thereby the accused has
committed the aforesaid offences.
5, Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
6. Learned counsel for the petitioner submitted that
she has been falsely implicated in the aforesaid crimes.
7. The learned Public Prosecutor upon instructions
BAIL APPL. NO. 5873 OF 2022
BAIL APPL. NO. 6033 OF 2022
submitted that the allegation against the petitioner is that she
has received stolen property and further submitted that limited
custody can be granted for the purpose of the investigation.
8. Considering the facts and circumstances of the case
and the nature of the allegations and taking into consideration
the fact that the petitioner is a lady, I am of the opinion that
custodial interrogation of the petitioner may not be required
for the purpose of the investigation and only a limited custody
be granted for the same and I am inclined to grant
anticipatory bail to the petitioner, granted limited custody for
the purpose of the investigation.
In the result, this application is allowed. Petitioner shall
surrender before the investigating officer in Crime Nos.
407/2022 & 316/2022 of Vettathooval Police Station, on
19.01.2023 at 11 am and make herself available for
interrogation on that day or any other day/s as directed by the
investigating officer. The petitioner shall co-operate with the
investigation. It is directed that in the event of arrest of the
petitioner in Crime Nos. 407/2022 & 316/2022 of Vettathooval
BAIL APPL. NO. 5873 OF 2022
BAIL APPL. NO. 6033 OF 2022
Police Station, shall be produced before the Jurisdictional Court
on the same day and she shall be released on bail subject to
the following conditions:-
(i) The petitioner shall execute a bond for a
sum of Rs.50,000/- (Rupees fifty thousand
only) with two solvent sureties each for the
likesum to the satisfaction of the
Jurisdictional Court,
(ii) The petitioner shall appear before the
investigating officer in Crime Nos. 407/2022 &
316/2022 of Vettathooval Police Station, on
every Saturday at 11.00 am until filing of the
final report,
(iii) Petitioner shall report to the investigating
officer as and when required for the
investigation,
(iv) The petitioner shall not attempt to
influence the defacto complainant or interfere
with the investigation or to influence or
BAIL APPL. NO. 5873 OF 2022
BAIL APPL. NO. 6033 OF 2022
intimidate any witness in Crime Nos.
407/2022 & 316/2022 of Vettathooval Police
Station,
(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 Nos. 407/2022 & 316/2022 of
Vettathooval Police Station, 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
R.AV
