Kerala High Court
Divya vs State Of Kerala on 25 September, 2018
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 25TH DAY OF SEPTEMBER 2018 / 3RD ASWINA, 1940
Bail Appl..No. 4379 of 2018
CRIME NO. 609/2018 OF KODUNGALLUR POLICE STATION, THRISSUR
PETITIONER/ACCUSED NO.3:
DIVYA, AGED 40 YEARS,
D/O.PRABHAKARAN, MULLAPPILLIL,
SANTHIPURAM, THRISSUR.
BY ADVS.
SRI.S.RAJEEV
SRI.D.FEROZE
SRI.K.K.DHEERENDRAKRISHNAN
SRI.V.VINAY
RESPONDENTS/STATE:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM - 682 031
(CRIME NO.609/2018 OF KODUNGALLUR POLICE STATION,
THRISSUR DISTRICT).
2 STATION HOUSE OFFICER,
KODUNGALLUR POLICE STATION,
THRISSUR DISTRICT - 680 664(CRIME NO.609/2018 OF
KODUNGALLUR POLICE STATION, THRISSUR DISTRICT).
BY PUBLIC PROSECUTOR SRI.AMJAD ALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.09.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA:4379/2018 2
ORDER
This application is filed under Section 438 of the Code of Criminal Procedure.
2. The applicant herein is the 3rd accused in Crime No.609 of 2018 registered at the Kodungallur Police Station. In the aforesaid crime, she is proceeded against for having committed the offences punishable under Sections 416, 465, 468, 470, 471, 419 and 420 read with Section 34 of the Indian Penal Code and Sections 66(C) and (D) of the Information Technology Act, 2000.
3. According to the prosecution, the husband of the applicant herein was the Managing Director of M/s. Regal Colectil Trading LLP., Kodungallur, and the applicant is one of the Directors. It is alleged that the accused spoofed the e-mail address of the Chairman of the Qatar Museum Authority and sent an invoice by e- mail to the Chief Executive Officer of the Museum. As per the invoice, the Chief Executive Officer was directed to transfer USD 7.6 lakhs to the account of the 2nd accused by inducing him to believe that the e-mail was sent by the Chairman. The amount was transferred to the account of the 2 nd accused maintained at the SBI, BA:4379/2018 3 Kodungalloor. The amount transferred as above was misappropriated by the accused.
4. It is submitted by the learned counsel appearing for the applicant that a suit was instituted by the Qatar Museum Authority through its Power of Attorney Holder before the Sub Court, Irinjalakkuda, arraying M/s. Regal Colectil Trading LLP. and its Directors as defendants and in the course of proceeding, the dispute has been settled. In terms of the settlement, the entire amount has been transferred by way of Demand Draft to the nominated account of the Museum Authority. It is further submitted that the 2 nd accused, who is the husband of the applicant herein, was arrested and this Court in B.A.No.5277 of 2018 has granted bail to the said accused.
5. Heard the learned Public Prosecutor and I have gone through the materials made available.
6. The Qatar Museum Authority is the 2nd respondent in B.A.No.5277 of 2018 filed by the 2nd accused in the Crime which matter also comes up today for final hearing. The 2 nd respondent in the said bail application is represented by Sri. Sunil Shankar, the BA:4379/2018 4 learned counsel. Sri.Sunil Shankar has submitted that the entire amount has been transferred to the nominated account and the 2 nd respondent has no further grievance. In that view of the matter, the custodial interrogation of the applicant herein does not appear to be necessary for an effective investigation in the instant case.
7. In the result, this application will stand allowed. In the event of the arrest of the applicant in Crime No.609 of 2018 of the Kodungalloor Police Station, she shall be released on bail on her executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:
i) The applicant shall co-operate with the investigation and shall appear before the Investigating Officer as and when directed to do so.
ii) She 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 him/ her from disclosing such facts to the court or to any police officer.
iii) She shall not commit any similar offence while on bail.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application BA:4379/2018 5 for cancellation, if any, and pass appropriate orders in accordance with the law.
SD/-
RAJA VIJAYARAGHAVAN V JUDGE DSV/26/9/18 //TRUE COPY// P.A. TO JUDGE