Kerala High Court
Apsara vs State Of Kerala on 7 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945
BAIL APPL. NO. 10402 OF 2023
CRIME NO.1261/2023 OF NAGAROOR POLICE STATION, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT CRMC 2578/2023 OF I ADDITIONAL DISTRICT
COURT, THIRUVANANTHAPURAM
PETITIONER/3RD ACCUSED:
APSARA,
AGED 39 YEARS
D/O. FALKGUNAN, DASVILLA, PAVOORKONAM, ALTHARAMOODU
P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695102
BY ADV SHAJIN S.HAMEED
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
OTHER PRESENT:
PP- SRI.PRASANTH M.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO.10402 OF 2023 2
ORDER
This is an application for anticipatory bail under Section 438
of the Code of Criminal Procedure, 1973, filed by the 3rd
accused in Crime No.1261 of 2023 of Nagarur Police Station,
Thiruvananthapuram District registered under Sections 406, 420
read with Section 134 of IPC.
2. The prosecution allegation is that, the petitioner, who is
the Secretary of Sree Gokulam Dairy Farm, along with accused
Nos.1 and 2 the Chairman and President of the said farm,
induced the defacto complainant and others to avail loan in their
name from Chirayinkeezhu Taluk Farmers Welfare Co-operative
Society, Pulimoodu, Poovanppara, wherein the 1 st accused was
the president. The loan amount sanctioned were transferred into
the account of the accused persons without distributing it to the
borrowers. Thus, they cheated the defacto complainant and
others.
3. Heard learned counsel for the petitioner and learned
Public Prosecutor.
4. Learned Public Prosecutor opposed the bail application
stating that, the petitioner being the secretary of the dairy farm,
she also might have played a major role in cheating the defacto
complainant and others.
5. Learned counsel for the petitioner would submit that, she
is not aware of the loan amount sanctioned on the application of
the defacto complainant, or about the transfer of that amount
into the account of the accused persons. According to her, no
amount was never transferred into her account from the loan
amount sanctioned in favour the defacto complainant. She had
filed Annexure-B complaint against accused Nos. 1 and 2 for the
financial mismanagement of the dairy farm by accused Nos.1
and 2.
Considering the facts and circumstances as stated above,
this Court is inclined to allow this petition on the following
terms:-
(i) The petitioner shall surrender before the Investigating
Officer on or before 14/2/2024, and shall subject himself for
interrogation.
(ii) In the event of arrest the petitioner 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 arresting officer.
(iii) Thereafter, the petitioner shall appear before the
Investigating Officer as and when directed.
(iv) The petitioner shall not influence or intimidate the
witnesses, or tamper with the evidence;
(v) The petitioner shall not commit any offence, while on
bail.
In case of violation of the bail conditions, the trial court is
empowered to cancel the bail, in accordance with law.
Sd/-
SOPHY THOMAS
JUDGE
ska
APPENDIX OF BAIL APPL. 10402/2023
PETITIONER ANNEXURES
Annexure-A PHOTOCOPY OF THE FIR IN CRIME NO.1261/2023 OF
NAGARUR POLICE STATION, THIRUVANANTHAPURAM.
Annexure-B PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE
PETITIONER AND OTHERS DATED 22/09/2023 BEFORE
THE DEPUTY SUPERINTENDENT OF POLICE,
ATTINGAL.
Annexure-C PHOTOCOPY OF THE RECEIPT DATED 22/09/2023
ISSUED TO THE PETITIONER FROM THE OFFICE OF
THE DEPUTY SUPERINTENDENT OF POLICE,
ATTINGAL.
Annexure-D FREE COPY OF THE COMMON ORDER DATED
12/10/2023 IN CRL.M.C.NO.2578/2023 OF THE
ADDITIONAL COURT OF SESSION-II,
THIRUVANANTHAPURAM.
