Kerala High Court
Bail Appl./4207/2025 of SEETHA.N.R. Vs STATE OF KERALA on 11 April 2025
of 2025 1 2025:KER:32041 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 BAIL APPL. NO. 4207 OF 2025 CRIME NO.458/2025 OF Cherthala Police Station, Alappuzha PETITIONER ( S )/2ND ACCUSED :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
BAIL APPL. NO. 4207 OF 2025
CRIME NO.458/2025 OF Cherthala Police Station, Alappuzha PETITIONER
( S )/2ND ACCUSED
:
SEETHA.N.R.
AGED 54 YEARS
W/O RAJU.P, S.R.VILLA,WARD NO. XXI, CHERTHALA
MUNICIPALITY, CHERTHALA SOUTH VILLAGE, CHERTHALA
(PO), ALAPPUZHA DISTRICT., PIN - 688524
BY ADVS.
SUNEESH KUMAR R.
B.BIPIN
RESPONDENT
( S )/STATE AND COMPLAINANT
:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM,, PIN - 682031
THE STATION HOUSE OFFICER
CHERTHALAPOLICE STATION, ALAPPUZHA DISTRICT,, PIN - 688524
THE KERALA STATE FINANCIAL ENTERPRISES LTD., REPRESENTED BY ITS BRANCH MANAGER, PATTANAKKAD
BRANCH, PATTANAKKAD, ALAPPUZHA IS SUO MOTU
IMPLEADED AS THE ADDITIONAL THIRD RESPONDENT AS
PER ORDER DATED 02.04.2025 IN BA 4207/2025.
OTHER PRESENT:
SRI NOUSHAD K A, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
P.V.KUNHIKRISHNAN, J.
-------------------------------------------
BA No.4207 of 2025
-------------------------------------------- Dated this the 11th day of April, 2025
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O R D E R
This bail application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
2. Petitioner is an accused in Crime No.458/2025 of Cherthala Police Station, Alappuzha. The above case is registered against the petitioner and another alleging offences punishable under Sections 409, 468, 471, 420 and 34 of IPC.
3. The prosecution case is that, the accused A1 and A2 with the intention of getting them wrongful gain committed criminal conspiracy to misappropriate money from the KSFE, Cherthala branch wherein the de-facto complainant is the Manager. It is alleged that the second accused issued forged salary certificate being the Headmistress of Town LP School, Cherthala, Alappuzha District, in the name of the first accused by personating her as teacher of the said school. It is further alleged that when the forged salary certificate was sent for confirmation, the second accused gave confirmation and based on that confirmation an amount of Rs. 3,75,000/-was withdrawn by the first accused on 22.01.2024 as personal loan. Later first accused attempted to get chitty amount with forged salary certificates in her name and that of sureties issued by the second accused. However, on verification it was found that the certificates issued by the second accused were bogus. Thus the accused cheated KSFE
and the defacto complainant. Hence, it is alleged that the accused committed the offence.
4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.
5. When this bail application came up for consideration, the counsel for the petitioner submitted that the entire amount due to the KSFE is already paid and the matter is settled. This Court directed the Standing Counsel appearing for the KSFE to get instruction about the same. The Standing Counsel appearing for KSFE submitted that the amount due in this case is received. If that be the case, the petitioner can be released on bail after imposing stringent conditions. Therefore, this bail application is allowed with the following conditions:
1. The petitioner shall appear before the Investigating Officer within two weeks from today and shall undergo interrogation.
2. After interrogation, if the Investigating Officer propose to arrest the petitioner, she shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer concerned.
3. The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co- operate with the investigation and 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 from disclosing such facts to the Court or to any police officer.
4. Petitioner shall not leave India without permission of the jurisdictional Court.
5. Petitioner shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
6. The observations and findings in this order is only for the purpose of deciding this bail application. The principle laid down by this Court in Anzar Azeez v. State of Kerala [2025 SCC OnLine KER 1260] is applicable in this case also.
7. Needless to mention, it would be well within the powers of the investigating officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].
8. If any of the above conditions are violated
by
the
petitioner,
the jurisdictional court can cancel the bail in accordance to law, even though this bail is granted by this Court. The prosecution is at liberty to approach the jurisdictional court to cancel the bail, if any of the above conditions are violated.
Sd/-
P.V.KUNHIKRISHNAN nvj JUDGE