ORDER

The above captioned application seeking pre arrest bail has been filed under Section 438 of the Code of Criminal Procedure ( “Code” for short ) by the 3rd accused in Crime No.1130 of 2020 of the Kunnamangalam Police Station registered interalia under Section 420 of the Indian Penal Code .

2. The prosecution allegation in the aforesaid crime is that the de facto complainant along with his family members deposited a sum of Rs.7,18,675/- at the Kunnamangalam Urban Cooperative Society on 1.02.2016 and despite the maturity of the deposit, the same was not released.

3. Learned counsel appearing for the petitioner submits that the petitioner herein is merely an employee of the society and there is no case for the de facto complainant that there was any inducement on the part of the petitioner herein to deposit the amount. According to the learned counsel, the failure of the society to refund the amount deposited will not visit the employee with any penal liability.

4. The learned Public Prosecutor has seriously opposed the prayer. It is submitted that the petitioner had defalcated huge sums of money from the society which led to registration of Crime No.660 of 2019 against her. This Court had denied pre arrest bail to the petitioner herein and later, she was granted regular bail after surrender. The petitioner is responsible for the fate that has befallen on the society is the submission.

5. I have considered the submissions advanced and have carefully evaluated the records. In the instant case the allegation of the de facto complainant is that the amount deposited by him was not refunded by the society on its attaining maturity. In the FIR, in addition to the petitioner herein, the Directors of the Bank as well as other employees have been arrayed as accused. In the facts and circumstances, the custodial interrogation of the petitioner is not necessary for an effective investigation in the instant case.

In the result, this application will stand allowed. The petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. Thereafter, if she is proposed to be arrested, she shall be released on bail on her executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:

i) The petitioner shall cooperate with the investigation and shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for two months or till final report is filed, whichever is earlier.

ii) She 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/ her from disclosing such facts to the court or to any police officer.

iii) She shall not commit any similar offence while on bail.

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