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Nisha K.G vs State Of Kerala on 5 March, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

Bail Appl..No.1105 OF 2020

PETITIONER/ACCUSED:

NISHA K.G.,
AGED 49 YEARS
W/O.RAJAN K.S., PRAVADAS,
AZAD ROAD, KALOOR P.O.,
PIN-682017.

BY ADVS.
SRI.JAI GEORGE
SMT.DAISY A.PHILIPOSE

RESPONDENT/COMPLAINANT:

STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM-682031.

SRI.AMJAD ALI – P.P

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.1105 OF 2020

2

Bail Application No.1105 of 2020

———————————————-

ORDER

This is an application for anticipatory bail under

Section 438 of the Code of Criminal Procedure.

2. Petitioner is the second accused in Crime

No.723 of 2019 of Cheranellur Police Station registered for

offences punishable under Sections 323, 506(I)A, 498A, 403,

406, 408, 420, 467, 468, 471 read with Section 34 of the

Indian Penal Code. The de facto complainant in the case is

the wife of the first accused. The petitioner is the Accountant

in an establishment run by the first accused, the de facto

complainant and the father of the de facto complainant.

3. Heard the learned counsel for the petitioner

as also the learned Public Prosecutor.

4. The learned Public Prosecutor has made

available the case diary. I have perused the First Information

Statement given by the de facto complainant. The First

Information Statement contains mainly allegations against the

first accused. As far as the petitioner is concerned, the
Bail Appl..No.1105 OF 2020

3

allegations in essence is only that she has manipulated the

accounts of the establishment at the instance of the first

accused.

5. In the circumstances, in the light of the decision

of the Apex Court in Siddharam Satlingappa Mhetre v.

State of Maharashtra, AIR 2011 SC 312, having regard to

the nature and gravity of the accusation, the character and

antecedents of the accused, the possibility of the accused

fleeing from justice, and other facts and circumstances, I am

inclined to grant anticipatory bail to the petitioner on the

following conditions:

i) The petitioner shall make herself available for
interrogation before the Investigating Officer within
ten days from today. She shall also make herself
available for interrogation before the Investigating
Officer as and when directed by the Investigating
Officer in writing to do so;

ii) If the petitioner is arrested prior to, or after his
appearance before the Investigating Officer in
terms of this order, she shall be released from
Bail Appl..No.1105 OF 2020

4

custody on execution of a bond for Rs.25,000/- with
two sureties each for the like sum.

(iii) The petitioner shall not influence or intimidate
the prosecution witnesses nor shall she attempt to
tamper with the evidence of the prosecution.

iv) The petitioner shall not involve in any other
offence while on bail.

Sd/-

P.B.SURESH KUMAR, JUDGE.

PV

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