Kerala High Court
Bail Appl./10292/2022 of PINKY P.R Vs STATE OF KERALA on 30 December 2022
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 BAIL APPL. NO. 10292 OF 2022 CRIME NO.1500/2022 OF Chadayamangalam Police Station, Kollam PETITIONER/ACCUSED: PINKY P.R. AGED 32 YEARS D/O PEETHAMBARAN PILLAI,
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944
BAIL APPL. NO. 10292 OF 2022
CRIME NO.1500/2022 OF Chadayamangalam Police Station, Kollam PETITIONER/ACCUSED:
PINKY P.R.AGED 32 YEARSD/O PEETHAMBARAN PILLAI, PINKY BHAVAN, KALLAYAM, KARIYODU P.O,CHADAYAMANGALAM, KOLLAM, PIN – 691534
BY ADV LATHEESH SEBASTIAN
RESPONDENT/STATE:
STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031
BY ADV PUBLIC PROSECUTORSRI.P.G. MANU – SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON30.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.G. AJITHKUMAR, J. ------------------------------- B.A.No. 10292 of 2022
-------------------------------------------------------- Dated this the 30[th] day of December, 2022
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
O R D E R
This is an application for anticipatory bail filed underSection 438 of the Code of Criminal Procedure, 1973.
2. The petitioner is the accused in Crime No.1500 of2022 of Chadayamangalam Police Station for having allegedlycommitted the offence punishable under Section 420 ofIndian Penal Code, 1860.
3. The prosecution allegation is that the defactocomplainant is brother of the petitioner’s father and duringFebruary 2022 the petitioner received Rs.5,00,000/- (Rupeesfive lakhs only) from the defacto complainant by withdrawingsuch an amount using A.T.M. card of the defactocomplainant. For the repayment of that amount thepetitioner has issued a cheque, but, when presented forencashment, it was dishonoured.
4. The petitioner would contend that she did notinvolve in the alleged crime and without any material or evidence, she was implicated in the crime. The learned PublicProsecutor would submit that unless presence of thepetitioner is ensured the investigation cannot be taken to itslogical end.
5. Considering the nature of the offence allegedagainst the petitioner, which predominantly is a dispute ofcivil nature, I am of the view that the petitioner is entitled toget pre-arrest bail.
In the result, the bail application is allowed and thepetitioner is directed to surrender before the investigatingofficer within two weeks. After interrogation and in the eventof her being arrested, she shall be released on bail on theexecution of a bond for Rs.50,000/- (Rupees fifty thousandonly), with two solvent sureties for the like amount each, tothe satisfaction of the investigating officer, and on thefollowing conditions:
(i) She shall not influence or intimidatewitnesses or tamper with evidence;witnesses or tamper with evidence;
(ii) Sheshallappearbeforetheinvestigating officer as and when calledinvestigating officer as and when called for; and
(iii) During the bail period, She shall not get involved in any offence.
In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail beforethe jurisdictional court.
Sd/-
P.G. AJITHKUMAR, JUDGE
scs
BAIL APPL. NO. 10292 OF 2022
5
APPENDIX OF BAIL APPL. 10292/2022
PETITIONER ANNEXURESAnnexure1
TRUE COPY OF THE CITIZEN COPY OF THE FIR IN CRIME NO.1500/2022 OF CHADAYAMANGALAM POLICE STATION