ORDER

This is an application filed under Section 439 of the Code of Criminal Procedure.

2. The petitioner is accused No.2 in Crime No.926/2021 of Pathanamthitta Police Station. The offences alleged against the petitioner are punishable under Sections 409 & 420 I.P.C. r/w Section 34 IPC and Section 3 r/w Section 21(2)(3), Section 5 r/w section 23 and section 25(1) of the Banning of Unregulated Deposit Scheme Act, 2019.

3. The prosecution case is that with the intention of making unlawful gain for herself and for causing unlawful loss to the defacto complainant, the petitioner accepted fixed deposits from the defacto complainant in several instalments at different times promising to pay interest at the rate of 10% for the fixed deposits and that money would be safe and that the same be refunded as and when requested for and thereafter did not refund the said amount despite requests made by the de facto complainant and thereby committed the offence.

4. The petitioner was arrested on 01.08.2022 and has been in judicial custody since then.

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

6. The learned counsel for the petitioner submitted that the petitioner is innocent of the allegations levelled against her.

7. The learned Public Prosecutor opposed the bail plea of the petitioner.

8. Having regard to the tenure of judicial custody undergone by the petitioner, I am of the view that the petitioner is entitled to be released on bail on conditions.

In the result, the Bail Application is allowed as follows:

(a) The petitioner shall be released on bail on her executing bond for Rs.25,000/- (Rupees Twenty Five Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(b) The petiitoner shall appear before the Investigating Officer as and when required.

(c) The petitioner shall not intimidate or attempt to influence the witnesses; nor shall she tamper with the evidence.

(d) The petitioner shall not commit any similar offences while she is on bail.

(v) The petitioner shall surrender the passport before the jurisdictional Court.

(vi) The petitioner shall not leave State of Kerala without intimating the same to the Investigating Officer.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.

K. BABU, JUDGE kkj