Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH MONDAY, THE11H DAY OF NOVEMBER201320TH KARTHIKA, 1935 Bail Appl..No. 7303 of 2013 ------------------------------- CRIME NO. 1428/2013 OF AMBALAPUZHA POLICE STATION , ALAPPUZHA .... PETITIONER/2ND ACCUSED: ------------------------------------------- SHAILAJA, AGED42YEARS, W/O. SURESH KUMAR, VELIYIL HOUSE, KOMANA, AMBALAPUZHA, ALAPPUZHA-688 561. BY ADV. SRI.DENIZEN KOMATH RESPONDENT/COMPLAINANT: ---------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, AMBALAPUZHA POLICE STATION, ALAPPUZHA, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR SMT. T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1111-2013 ALONG WITH BA.NO.7304/2013 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J.
========================= Bail Application Nos. 7303, 7304, 7305, 7351, 7352, 7355, 7358, 7362, 7363, 7366, 7367, 7368, 7369, 7370, 7409 and 7446 of 2013 ============================ Dated this the 11th day of November, 2013 ORDER
These applications are preferred by the second accused in Crime Nos. 1220 of 2013 (here 3rd accused also is an applicant in B.A. No. 7409 of 2013), 1353 of 2013 (here also the 3rd accused is an applicant in B.A. No.7446 of 2013), 1377 of 2013, 1400 of 2013, 1401 of 2013, 1402 of 2013, 1403 of 2013, 1404 of 2013, 1405 of 2013, 1406 of 2013, 1407 of 2013, 1408 of 2013, 1409 of 2013, 1410 of 2013, 1427 of 2013 and 1428 of 2013, all of Ambalapuzha police station.
2. In Crime No. 1400 of 2013, 1402 of 2013, 1403 of 2013, 1404 of 2013, 1405 of 2013, 1406 of 2013,1407 of 2013, 1409 of 2013 and 1428 of 2013 offences under Secs. 120B, 406 and 420 of the Penal Code and Sec.76 of the Chit Funds Act, 1982 are involved. In Crime Nos. 1377 of 2013 B.A No.7303 of 2013 & Connected cases. 2 and 1410 of 2013 offences involved are Secs. 406 and 420 r/w. Sec.34 of the Penal Code, Sec.17 of the Money Lenders Act, 1958 and Sec. 4 of the Chit Funds Act, 1982. In Crime No.1220 of 2013, offence involved is under Sec.420 r/w. Sec.34 of the Penal Code.
2. Learned Public Prosecutor has submitted that as per the prosecution case the second accused is a partner of M/s. B & B Chitties which committed the offences.
3. Learned counsel submits that the second accused happened to be a partner of M/s. B & B Chitties. She only subscribed her signature as per instruction of her husband who is the first accused. It is submitted that 3rd accused in Crime No. 1220 of 2013 and 1353 of 2013 is not a partner of the above said firm.
4. So far as second accused is concerned, having regard to the nature of allegations made and investigation required to be made, I am not inclined to think that it is fit to grant anticipatory bail to her. B.A No.7303 of 2013 & Connected cases. 3 5. So far as the 3rd accused is concerned in Cr. Nos.1220 of 2013 and 1353 of 2013 is concerned, I am inclined to grant him relief. Resultantly, these applications are disposed of as under:- 1) The third accused in Crime No. 1220 of 2013 and 1353 of 2013 of the Ambalappuzha police station shall surrender before the officer investigating Crime Nos. 1220 of 2013 and 1353 of 2013 of Ambalappuzha police station on 20.11.203 at 10:00 a.m. for interrogation. 2) In case interrogation is not completed that day, the said officer can direct the 3rd accused to appear before him on other date/dates and time which he shall comply. 3) After interrogation is over and if arrest of the 3rd petitioner is recorded in the above said crimes, he shall be produced before the jurisdictional magistrate the same day. 4) On such production, the the 3rd accused shall be B.A No.7303 of 2013 & Connected cases. 4 released on bail in Crime No.1220 of 2013 and 1353 of 2013 of the Ambalappuzha police station (if not required to be detained otherwise) on his executing bond for Rs.25,000/- (Rupees Twenty five thousand only) each with two sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:- a) That 3rd accused shall report to the investigating officer as and when required for interrogation. b) That 3rd accused shall not leave Alappuzha District until submission of the final report in Cr. Nos. 1220 of 2013 and 1353 of 2013 and except with the permission of the learned magistrate. C) It is made clear that in case any of the above conditions is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby to the 3rd accused in Cr. Nos. 1220 of 2013 and 1353 of 2013 by moving B.A No.7303 of 2013 & Connected cases. 5 application before the learned Magistrate as held in P.K. Shaji V. State of Kerala (AIR2006 Supreme Court 100). 5) So far as second accused in the crime cases above mentioned is concerned, request for anticipatory bail is rejected. She shall surrender either before the investigating officer or before the court concerned. 6) In case the second accused surrenders before the investigating officer, after interrogation is over, she shall be produced before the jurisdictional magistrate without delay. Sd/- THOMAS P.JOSEPH, JUDGE //true copy// P.A. to Judge Smv