Usha Suresh vs State Of Kerala

P.V.Kunhikrishnan, J

The petitioner is the accused in Crime No. 2035/2020 of Muvattupuzha Police Station. The above case is registered against the petitioner alleging offences punishable under Secs. 406, 420, 468, 380 r/w 34 IPC. The prosecution allegation is that the 1st and 2nd accused who were the promoter directors of the defacto complainant had misappropriated huge amount from the company with the collusion and connivance of the 3rd and 4th accused who were the Chief Accountant and Purchase Manager respectively of the company. It is also alleged that the 5th accused, the petitioner herein were also actively involved in the offence and the textile shop managed by her had received the goods from the company. Hence, it is alleged that the accused committed the abovesaid offences.

This bail application is pending before this Court from 2020 onwards. When this bail application came up for consideration on 07.10.2022, this Court passed an order to the effect that the petitioner shall not be arrested until further orders. The interim order is in force for the last 2 ½ years. There is no purpose in retaining this bail application. The Public Prosecutor submitted that the investigation is not over. If that is the case, there can be a direction to the petitioner to surrender before the investigating officer and there can be a further direction to the investigating officer to release the petitioner on bail on stringent conditions.

Therefore, this bail application is allowed with the following conditions :

Petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation;

After interrogation, if the Investigating Officer proposes to arrest the petitioner, she shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the officer concerned;

Petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;

Petitioner shall not leave India without permission of the jurisdictional Court;

Petitioner shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected;

If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court.