Kerala High Court
Mini Babu vs State Of Kerala on 19 March, 2019
Author: B.Sudheendra Kumar
Bench: B.Sudheendra Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY ,THE 19TH DAY OF MARCH 2019 / 28TH PHALGUNA, 1940
Bail Appl..No. 1473 of 2019
AGAINST THE ORDER/JUDGMENT IN CRMP 1093/2019 of CHIEF
JUDICIAL MAGISTRATE ,THRISSUR DATED 19-02-2019
CRIME NO. 1900/2013 OF Chalakkudy Police Station , Thrissur
PETITIONER/S:
MINI BABU,
AGED 44 YEARS
W/O. BABU, KUNNUSSERI HOUSE, ANNANADU DESOM,
KALLOOR, VADAKKUMMURI VILLAGE, THRISSUR
DISTRICT.
BY ADVS.
SRI.C.A.CHACKO
SMT.C.M.CHARISMA
SMT.MEGHA K.XAVIER
RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
OTHER PRESENT:
SMT.V.SREEJA,PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.03.2019, ALONG WITH Bail Appl..1465/2019, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 1473 & 1465 of 2019
-2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY ,THE 19TH DAY OF MARCH 2019 / 28TH PHALGUNA, 1940
Bail Appl..No. 1465 of 2019
AGAINST THE ORDER/JUDGMENT IN CRMP 1094/2019 of CHIEF
JUDICIAL MAGISTRATE ,THRISSUR
CRIME NO. 357/2014 OF Chalakkudy Police Station , Thrissur
PETITIONER/S:
MINI BABU
AGED 44 YEARS
KUNNUSSERI HOUSE, ANNANADU DESOM, KALLOOR,
VADAKKUMMURI VILLAGE, THRISSUR DISTRICT.
BY ADVS.
SRI.C.A.CHACKO
SMT.C.M.CHARISMA
SMT.MEGHA K.XAVIER
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
OTHER PRESENT:
SMT.V.SREEJA,PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.03.2019, ALONG WITH Bail Appl..1473/2019, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 1473 & 1465 of 2019
-3-
ORDER
The petitioner is the sole accused in Crime No. 1900 of 2013 and the first accused in Crime No. 357 of 2014 of Chalakkudy Police Station.
2. Crime No. 1900 of 2013 was registered for the offences punishable under Sections 408 and 420 IPC and Crime No. 357 of 2014 was registered for the offences punishable under Sections 380, 420, 468, 471, 201 and 176 IPC.
3. The prosecution allegation in Crime No. 1900 of 2013 is that the accused, while working as Advocate Clerk of the de facto complainant, received an amount of Rs. 14,000/- as fine from the clients of the de facto complainant and misappropriated the said amount for her own purpose without remitting the said amount in the court.
4. The allegation in Crime No. 357 of 2014 is that the petitioner collected fine from the accused in S.T. Bail Appl..No. 1473 & 1465 of 2019 -4- No. 1510 of 2013 on the files of the Court of the Judicial Magistrate of First Class, Chalakkudy, on 22-6-2013 and misappropriated the said amount for her own purpose. She also committed theft of T.R.5 Receipt Book having No. 1008 and misappropriated two pages of the said T.R.5 Receipt Book. She also forged receipts and issued the same to the accused. She destroyed the remaining pages of the Receipt Book. She also tore and stolen four pages of S.T. Register and the case file from the table of the Junior Superintendent of that Court.
5. The petitioner was arrested on 15-2-2019 and eversince she has been in custody.
6. Heard.
7. It appears that the investigation as regards the petitioner in the above said crimes is almost complete. The petitioner is not involved in any offence other than the above said offences. The petitioner is a lady aged 44 years.
Bail Appl..No. 1473 & 1465 of 2019 -5-
8. Considering the facts and circumstances of the case, including the period of detention of the petitioner and the stage of investigation, I am inclined to grant bail to the petitioner.
In the result, these applications stand allowed and the petitioner shall be enlarged on bail on condition of the petitioner executing a bond for Rs. 40,000/- each in each of the above said cases, with two solvent sureties each, each for the like sum to the satisfaction of the jurisdictional Magistrate and subject to the following further conditions:-
(i) The petitioner shall report before the Investigating Officer on every Monday between 9 a.m. and 11 a.m., for four months and thereafter, as and when required by the investigating officer for interrogation.
(ii) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.
Bail Appl..No. 1473 & 1465 of 2019 -6-
(iii) The petitioner shall not enter into the premises of the Court of the Judicial Magistrate of First Class, Chalakkudy, without the leave of the learned Chief Judicial Magistrate, until the final disposal of the above cases.
(iv) The petitioner shall not get involved in any other offence during the period of bail.
Sd/- B.SUDHEENDRA KUMAR,
JUDGE
ani/
/true copy/