AI Structured Summary
Not yet generated for this judgment
Judgment
K.T. Sankaran, J.—This is an application for anticipatory bail u/s 438 of the Code of Criminal Procedure. The Petitioner is the sole accused in Crime No. 86 of 2011 of Chittar Police Station.
The offences alleged against the Petitioner are under Sections 408 and 477-A of the Indian Penal Code.
When the Bail Application came up for admission on 12/07/2011, the following order was passed:
The prosecution case is that while the Petitioner was in charge as the Secretary of Vayattuppuzha Ksheerolpadaka Co-operative Society, she falsified the account of the Society and misappropriated a sum of Rs. 41,471/- (Rupees Forty one thousand four hundred and seventy one only) during the period 1999-2000. It is stated that the offence was detected when the audit was conducted. According to the Petitioner, she was working as a milk tester in the Society. The learned Public Prosecutor submitted that she was given charge of the Secretary during the relevant period.
Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the Petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the Petitioner to appear before the investigating officer on 19th and 20th July, 2011.
Post on 25th July, 2011.
It is submitted by the learned Public Prosecutor that the Petitioner will not be arrested in connection with Crime No. 86 of 2011 of the Chittar Police Station, till 25th July, 2011.
It is submitted by the learned Counsel for the Petitioner as well as the learned Public Prosecutor that the direction in the order dated 12/07/2011 has been complied with by the Petitioner.
Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 12/07/2011 has been complied with by the Petitioner, I am of the view that anticipatory bail can be granted to the Petitioner. There will be a direction that in the event of the arrest of the Petitioner, the officer in charge of the police station shall release her on bail on her executing bond for Rs. 10,000/-(Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:
a) The Petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all alternate Mondays, till the final report is filed or until further orders;
b) The Petitioner shall appear before the investigating officer for interrogation as and when required;
c) The Petitioner shall not try to influence the prosecution witnesses or tamper with the evidence.
d) The Petitioner shall not commit any offence or indulge in any prejudicial activity while on bail.
e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.
The Bail Application is allowed to the extent indicated above.