Vanajakumari vs State Of Kerala And Ors

This is an application for regular bail under Section 439 of the Cr.P.C.

The applicant is the 1st accused in Crime No.756/2018 of Pozhiyoor Police Station for having allegedly committed the offences punishable under Sections 409, 420, 465, 468 and 471 read with Section 34 of the I.P.C.

The prosecution case, in brief, is that the applicant in furtherance of common intention with the other accused as Secretary of Parasala Rural Cooperative Society Ltd., disbursed loans to various persons, who are members of the Society, forging the signatures and fabricating the documents and some of the persons in whose names the loans were sanctioned were no more alive and it is stated that the alleged act of misappropriation was to the tune of Rs.2,10,79,662/-.

The applicant was arrested on 05.02.2021 and remanded to judicial custody. The application for bail filed by the applicant before the jurisdictional court was dismissed stating that the investigation is still at a nascent stage and hence cannot be considered now. Hence, the applicant seeks the indulgence of this Court, since she has been in custody for more than a month now. She states that none of the other accused, who were actively involved in the crime have been apprehended, except the applicant. Therefore, further detention of the applicant may not be necessary.

Heard the learned Counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor admits that the applicant has been subjected to custodial interrogation and her signatures have been taken and sent for expert opinion. Hence, further detention of the applicant does not appear to be essential for the purpose of investigation and she is willing to cooperate with the investigation and she is not likely to flee from justice.

In the result, the bail application is allowed and the applicant is directed to be released on bail on execution of a bond for Rs.5,00,000/- (Rupees five lakhs only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court, on the following other conditions:

i) She shall appear before the investigating officer as and when called for and shall cooperate with the investigation;

ii) She shall surrender her passport before the jurisdictional court and if she does not have a passport, file an affidavit to that effect; and shall not go abroad without prior sanction of the jurisdictional court;

iii) She shall not attempt to influence or intimidate the witnesses; and

iv) She shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.