IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 9^TH DAY OF AUGUST 2021 / 18TH SRAVANA, 1943 BAIL APPL. NO. 5447 OF 2021 PETITIONER/ACCUSED NO.2 IN CRIME:

BINDIA K.G.

AGED 37 YEARS W/O BIJUMON A.S, KARTHIKA, PANCHAYATH OFFICE ROAD VENJARAMOOD P.O., THIRUVANANTHAPURAM, PIN - 695607 BY ADVS.

K.P.PRADEEP T.THASMI RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031

2 STATION HOUSE OFFICER KILIMANOOR POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT OF KERALA, KOCHI ERNAKULAM- 682031 SRI EC BINEESH, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

09.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This application is filed under Section 438 of the Code of Criminal Procedure.

2. The applicant herein is arrayed as the 2nd accused in Crime No. 686 of 2015 of Kilimanoor Police Station registered under Sections

420, 406, 409, 476 r/w Section 34 of the IPC.

3. The prosecution allegation is that on 21.5.2015, a complaint was filed by one Ajilal before the Circle Inspector of Police, Kilimanoor, complaining that his wife was persuaded by the 1st accused, a Mahila Pradhan Agent of the Pulimath Post Office, to join a Recurring Deposit Scheme and a sum of Rs.95,000/- was collected from her in instalments. However, on enquiry, it was revealed that except for the first three instalments, not even a single paise had been credited in her account maintained at the post office. He alleged that a sum of Rs.91,000/- collected by the 1st accused was misappropriated by her in a fraudulent manner. A crime was registered on 1.6.2015 under Sections 420, 406 and 476 of the IPC.

4. Immediately thereafter, a detailed enquiry was conducted by the Postal Department. Several depositors came forward and lodged identical complaints. A detailed audit was conducted and it was revealed that the 1st accused had collected huge sums of money from various depositors, but did not remit the amounts in the post office. The 1st accused made entries relating to these deposits by using the date stamp available at the post office counters and affixed it in the relevant passbooks against the entries of deposits. By adopting this method, the 1st accused was able to convince depositors that the amounts were being remitted at the post office. When several cases came to light, the involvement of other officers of the post office were also suspected. 5. On 3.9.2015, the Assistant Superintendent of Posts, Thiruvananthapuram gave a report to the Officer investigating the crime that detailed inquiries conducted by the Postal Department revealed more irregularities by way of short credits in the RD accounts and closure of accounts without the knowledge of the depositors, and on a preliminary estimate, a sum of about Rs.25 lakhs has been siphoned off. Request was made to include the Postal Assistant and the applicant herein, who was working as the Sub Postmistress of the Pulimath Post Office in the array of the accused as their involvement were also revealed during the enquiry. The 1st accused was given in police custody to somehow or the other identify the mode by which the amounts collected were siphoned off. She disclosed that the applicant herein and the 3rd accused had a role to play and they had also shared a portion of the amount that was collected by her in a fraudulent manner.

Immediately thereafter, the applicant and the 3rd accused were also roped in.

6. The applicant had earlier approached this Court seeking pre-

arrest bail and the same was dismissed by order dated 7.6.2019 in B.A.No.3977/2019. The applicant contends that thereafter, a departmental enquiry was conducted by the Department of Posts and on its conclusion, it was revealed that the only fault committed by the applicant is that she did not cross-check the signature in the opening form and closing request of the account holders an