Kerala High Court

Bail Appl./8735/2017 of JYOTHI MADHU Vs STATE OF KERALA on 29 December 2017

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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 ------------------------------------------- CRIME NO. 134/2017 OF MAVELIKARA POLICE STATION, ALAPPUZHA DISTRICT CRIME NO.

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

------------------------------------------- CRIME NO. 134/2017 OF MAVELIKARA POLICE STATION, ALAPPUZHA DISTRICT

CRIME NO. 58/CR/EOW-1/KLM/17 OF THE CBCID, PATHANAMTHITTA

------------------

PETITIONER(S)/ACCUSED -A1 :

----------------------------------------------- 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 :

-----------------------------------------------------------------

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

-------------------------------------------- B.A No.8735 of 2017

--------------------------------------------- Dated this the 29[th] day of December, 2017

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ORDER

This application for bail is filed under Section 439 of theCode of Criminal Procedure.

2. The petitioner herein is the first accused in the caseregistered as Crime No.134 of 2017 of Mavelikara PoliceStation, which has been re-registered as CBCID CrimeNo.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, whois the first accused in the case, was the Manager of MavelikaraTaluk Service Co-operative Bank and she forged documentsrelating to deposits and loans and misappropriated amountcausing a loss of Rs.34 Crores to the bank.

4. Heard the learned counsel for the petitioner and thelearned Public Prosecutor.

5. The petitioner is in judicial custody from 04.11.2017onwards. The learned Public Prosecutor has submitted that theinvestigation has been almost completed as far as thepetitioner is concerned. Continued detention of the petitionerin jail appears to be not necessary to complete theinvestigation in an effective manner. In these circumstances, I

B.A No.8735 of 2017

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am inclined to grant bail to the petitioner. However,considering the magnitude of the loss caused to the bank andalso the extensive manner in which forgery of documents hasbeen allegedly committed by the petitioner, it is necessary toimpose stringent conditions.

In the result, the petition is allowed as follows. Thepetitioner 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 thesatisfaction of the Magistrate's Court concerned.

2) One of the sureties of the petitioner shall be a personwho owns immovable property in the State of Kerala andhe/she will produce the original title deed relating to theproperty along with a photocopy before the Court concernedand the original document shall be returned to him/her afterverification by the Court.

3) The petitioner shall report before the InvestigatingOfficer between 9 a.m and 11 a.m on alternate days for aperiod of two weeks from the date of her release on bail andthereafter on all Mondays and Thursdays, during the same timefor a period of two months and thereafter on all Saturdays tillfinal report is filed in the case. In case of any emergency, if thepetitioner will not be able to appear before the InvestigatingOfficer on any day as stipulated above, she is at liberty tomove the Magistrate's Court concerned for granting exemptionfrom such appearance and such application shall be disposedof by the learned Magistrate on merits, in accordance with law.

4) The petitioner shall make herself available forinterrogation as and when required by the Investigating Officerin writing to do so.

5) The petitioner shall not influence or intimidate theprosecution witnesses. She shall not make any attempt totamper with the evidence in the case.

6) The petitioner shall surrender her passport in theMagistrate's Court concerned within three days of her releaseon bail. If she does not possess any passport, she shall file anaffidavit to that effect in the Magistrate's Court concernedwithin that period.

7) The petitioner shall not leave Alappuzha District for aperiod of two months from the date of her release on bailwithout the prior permission of the Magistrate's Courtconcerned. The petitioner shall not leave the State of Keralawithout the prior permission of the Magistrate's Courtconcerned till the completion of the trial of the case.

8) If the petitioner violates any of the conditions of bail, itis open to the Court having jurisdiction over the case to cancelher bail without any further orders from this Court but inaccordance with law.

Sd/-

R. NARAYANA PISHARADI,

JUDGE

//TRUE COPY//

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