Kerala High Court
Jyothi Madhu vs State Of Kerala on 29 December, 2017
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939
Bail Appl..No. 8735 of 2017
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CRIME NO. 134/2017 OF MAVELIKARA POLICE STATION, ALAPPUZHA DISTRICT
CRIME NO. 58/CR/EOW-1/KLM/17 OF THE CBCID, PATHANAMTHITTA
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PETITIONER(S)/ACCUSED -A1 :
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JYOTHI MADHU,
AGED 48 YEARS, W/O.MADHUSOODANA KURUP,
THAZHAVANA, PUTHENKOTTAYKKARAM, CHENNITHALA P.O.,
ALAPPUZHA DISTRICT, PIN-690 105.
BY ADV. SRI.T.P.PRADEEP
RESPONDENT(S)/STATE & COMPLAINANT :
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE DETECTIVE INSPECTOR,
CBCID CRIME NO.58/CR/EOW-1/KLM/17,
CBCID EOW-1, SUB UNIT, PATHANAMTHITTA DISTRICT,
PIN-690 101.
BY PUBLIC PROSECUTOR SMT. K.K.SHEEBA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 29-12-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Msd.
R. NARAYANA PISHARADI, J
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B.A No.8735 of 2017
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Dated this the 29th day of December, 2017
ORDER
This application for bail is filed under Section 439 of the Code of Criminal Procedure.
2. The petitioner herein is the first accused in the case registered as Crime No.134 of 2017 of Mavelikara Police Station, which has been re-registered as CBCID Crime No.58/CR/EOW-1/KLM/17 under Sections 406, 408, 409, 420, 465, 468, 471 and 120B read with 34 of the IPC.
3. According to the prosecution case, the petitioner, who is the first accused in the case, was the Manager of Mavelikara Taluk Service Co-operative Bank and she forged documents relating to deposits and loans and misappropriated amount causing a loss of Rs.34 Crores to the bank.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The petitioner is in judicial custody from 04.11.2017 onwards. The learned Public Prosecutor has submitted that the investigation has been almost completed as far as the petitioner is concerned. Continued detention of the petitioner in jail appears to be not necessary to complete the investigation in an effective manner. In these circumstances, I B.A No.8735 of 2017 2 am inclined to grant bail to the petitioner. However, considering the magnitude of the loss caused to the bank and also the extensive manner in which forgery of documents has been allegedly committed by the petitioner, it is necessary to impose stringent conditions.
In the result, the petition is allowed as follows. The petitioner shall be released on bail on the following conditions.
1) The petitioner shall execute a bond for Rs.1,00,000/-
with two solvent sureties each for the like amount to the satisfaction of the Magistrate's Court concerned.
2) One of the sureties of the petitioner shall be a person who owns immovable property in the State of Kerala and he/she will produce the original title deed relating to the property along with a photocopy before the Court concerned and the original document shall be returned to him/her after verification by the Court.
3) The petitioner shall report before the Investigating Officer between 9 a.m and 11 a.m on alternate days for a period of two weeks from the date of her release on bail and thereafter on all Mondays and Thursdays, during the same time for a period of two months and thereafter on all Saturdays till final report is filed in the case. In case of any emergency, if the petitioner will not be able to appear before the Investigating Officer on any day as stipulated above, she is at liberty to move the Magistrate's Court concerned for granting exemption from such appearance and such application shall be disposed of by the learned Magistrate on merits, in accordance with law.
B.A No.8735 of 2017 34) The petitioner shall make herself available for interrogation as and when required by the Investigating Officer in writing to do so.
5) The petitioner shall not influence or intimidate the prosecution witnesses. She shall not make any attempt to tamper with the evidence in the case.
6) The petitioner shall surrender her passport in the Magistrate's Court concerned within three days of her release on bail. If she does not possess any passport, she shall file an affidavit to that effect in the Magistrate's Court concerned within that period.
7) The petitioner shall not leave Alappuzha District for a period of two months from the date of her release on bail without the prior permission of the Magistrate's Court concerned. The petitioner shall not leave the State of Kerala without the prior permission of the Magistrate's Court concerned till the completion of the trial of the case.
8) If the petitioner violates any of the conditions of bail, it is open to the Court having jurisdiction over the case to cancel her bail without any further orders from this Court but in accordance with law.
Sd/-
R. NARAYANA PISHARADI, JUDGE //TRUE COPY// P.A. TO JUDGE AD