IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS WEDNESDAY, THE 7^TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945 BAIL APPL. NO. 10402 OF 2023 CRIME NO.1261/2023 OF NAGAROOR POLICE STATION, Thiruvananthapuram AGAINST THE ORDER/JUDGMENT CRMC 2578/2023 OF I ADDITIONAL DISTRICT COURT, THIRUVANANTHAPURAM PETITIONER/3RD ACCUSED:

APSARA, AGED 39 YEARS D/O. FALKGUNAN, DASVILLA, PAVOORKONAM, ALTHARAMOODU P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695102 BY ADV SHAJIN S.HAMEED RESPONDENT/STATE:

STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 OTHER PRESENT:

PP- SRI.PRASANTH M.P THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, filed by the 3rd accused in Crime No.1261 of 2023 of Nagarur Police Station, Thiruvananthapuram District registered under Sections 406, 420 read with Section 134 of IPC.

2. The prosecution allegation is that, the petitioner, who is the Secretary of Sree Gokulam Dairy Farm, along with accused Nos.1 and 2 the Chairman and President of the said farm, induced the defacto complainant and others to avail loan in their name from Chirayinkeezhu Taluk Farmers Welfare Co-operative Society, Pulimoodu, Poovanppara, wherein the 1^st accused was the president. The loan amount sanctioned were transferred into the account of the accused persons without distributing it to the borrowers. Thus, they cheated the defacto complainant and others.

3. Heard learned counsel for the petitioner and learned Public Prosecutor.

4. Learned Public Prosecutor opposed the bail application stating that, the petitioner being the secretary of the dairy farm, she also might have played a major role in cheating the defacto complainant and others.

5. Learned counsel for the petitioner would submit that, she is not aware of the loan amount sanctioned on the application of the defacto complainant, or about the transfer of that amount into the account of the accused persons. According to her, no amount was never transferred into her account from the loan amount sanctioned in favour the defacto complainant. She had filed Annexure-B complaint against accused Nos. 1 and 2 for the financial mismanagement of the dairy farm by accused Nos.1 and 2.

Considering the facts and circumstances as stated above, this Court is inclined to allow this petition on the following terms:-

(i) The petitioner shall surrender before the Investigating OfÏcer on or before 14/2/2024, and shall subject himself for interrogation.

(ii) In the event of arrest the petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties each for the like sum to the satisfaction of the arresting ofÏcer.

(iii) Thereafter, the petitioner shall appear before the Investigating OfÏcer as and when directed.

(iv) The petitioner shall not influence or intimidate the witnesses, or tamper with the evidence;

(v) The petitioner shall not commit any offence, while on bail.

In case of violation of the bail conditions, the trial court is empowered to cancel the bail, in accordance with law.

Sd/-

SOPHY THOMAS JUDGE ska APPENDIX OF BAIL APPL. 10402/2023 PETITIONER ANNEXURES Annexure-A PHOTOCOPY OF THE FIR IN CRIME NO.1261/2023 OF NAGARUR POLICE STATION, THIRUVANANTHAPURAM.

Annexure-B PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER AND OTHERS DATED 22/09/2023 BEFORE THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL.

Annexure-C PHOTOCOPY OF THE RECEIPT DATED 22/09/2023 ISSUED TO THE PETITIONER FROM THE OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL.

Annexure-D FREE COPY OF THE COMMON ORDER DATED

12/10/2023 IN CRL.M.C.NO.2578/2023 OF THE ADDITIONAL COURT OF SESSION-II, THIRUVANANTHAPURAM.