Kerala High Court
Lali Joseph vs State Of Kerla on 4 August, 2014
Author: K. Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
MONDAY, THE 4TH DAY OF AUGUST 2014/13TH SRAVANA, 1936
Bail Appl..No. 5493 of 2014
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CRIME NO. 1434/2013 OF PALARIVATTOM POLICE STATION , ERNAKULAM
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PETITIONER/2ND ACCUSED :
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LALI JOSEPH, AGED 50 YEARS,
W/O. JOSEPH, VILANGAPARA HOUSE,
GEETHANJALI ROAD,
VYTTILA P.O., KOCHI-19.
BY ADV. SRI.AJITH KRISHNAN
RESPONDENT:
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STATE OF KERLA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SMT. T.Y.LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 04-08-2014, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Kss
K. ABRAHAM MATHEW, J.
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Bail Appl. No.5493 of 2014
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Dated this the 4th day of August 2014
O R D E R
Petition filed under Section 438 of Cr.P.C.
2. Petitioner is the 2nd accused in Crime No.1434 of 2013 of the Palarivattom Police station registered for the offence under Sec.420 of the Indian Penal Code. She was the Managing Director of JTL Projects Pvt. Ltd. It received Rs.3.5 Crores from 17 persons on the promise to construct a 10 storied building for residential purpose. The allegation is that the company failed to complete the construction.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. It is submitted that about 70% of the work has been done.
5. Learned counsel for the petitioner submitted that it was financial difficulties that caused delay in completing the construction and there was no intention to Bail Appl. No.5493 of 2014 2 cheat. It is also submitted that a Provisional Liquidator has been appointed in respect of the properties.
6. Having regard to these facts, I am inclined to grant her prayer.
In the result this application is allowed.
(i) The petitioner shall be released on bail after interrogation on her executing bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum if she is arrested by the Police in connection with this case.
(ii) She shall appear before the investigating officer for interrogation if she is so required by him in writing.
(iii) She shall not tamper with the evidence.
(iv) She shall surrender her passport before the learned Magistrate concerned within 7 days and if she does not have the one, she shall Bail Appl. No.5493 of 2014 3 file an affidavit to that effect.
(v) She shall not leave the State of Kerala without the permission of the learned Magistrate concerned.
Sd/-
K. ABRAHAM MATHEW
JUDGE
/ True Copy /
NS P.A. To Judge