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2025 DAILYLAW 4502 (KER)

SEETHA.N.R v. STATE OF KERALA

Bail Appl./3613/2025 · 2025-04-01

P V Kunhikrishnan

body2025

Judgment text

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BAIL APPL. NO. 3613 OF 2025 1 2025:KER:27623 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 BAIL APPL. NO. 3613 OF 2025 CRIME NO.228/2025 OF Arthungal Police Station, Alappuzha PETITIONER/S: SEETHA.N.R AGED 54 YEARS W/O RAJU.P, S.R.VILLA,WARD NO. XXI, CHERTHALA MUNICIPALITY, CHERTHALA SOUTH VILLAGE, CHERTHALA (PO),ALAPPUZHA DISTRICT., PIN - 688524 BY ADVS. SUNEESH KUMAR R. B.BIPIN RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER ARTHUNGAL POLICE STATION, ALAPPUZHA DISTRICT,, PIN - 688530 3 THE BRANCH MANAGER KSFE ARTHUNGAL BRANCH, ARTHUNGAL, ALAPUZHA DISTRICT., PIN - 688530 THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 3613 OF 2025 2 2025:KER:27623 P.V.KUNHIKRISHNAN, J –------------------------------------- B.A. No. 3613 of 2025 -------------------------------------- Dated this the 1st day of April, 2025 O R D E R This Bail application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita. 2. Petitioner is the accused in Crime No. 228 of 2025 of Arthungal Police Station. The above case is registered alleging offences punishable under Secs.120B, 409, 419, 465, 468, 471 and 420 IPC. 3. The prosecution case is that, the accused No. 1 to 3 with an intention to obtain wrongful gain, committed criminal conspiracy to misappropriate money from KSEE, Arthungal branch, wherein the de-facto complainant is the Manager and the 3rd accused being the Headmistress of Town LP School, Cherthala, Alappuzha District, issued forged salary BAIL APPL. NO. 3613 OF 2025 3 2025:KER:27623 certificate, in the name of the 2nd accused by personating her as teacher of the said school. It is further alleged that when the forged salary certificate was sent for confirmation, the 3rd accused gave confirmation and based on that confirmation, an amount of Rs. 3,24,124/- from the chitty No.39/2023/A1-39 in favour of the 1st accused at the said KSFE branch was transferred to the account No. 12260100292719 of 1st accused maintained at the Thanki branch of Federal Bank and thus the accused cheated the KSFE and the defacto complainant. 4. Heard the counsel for the petitioner and the public Prosecutor. 5. Learned Public Prosecutor seriously opposed the bail application. 6. After hearing both sides, I think this is not a fit case, in which orders u/s.482 BNSS can be passed. At this stage the counsel for the petitioner submitted that the petitioner will surrender before the Investigating Officer. The counsel also submitted that there may be a direction to BAIL APPL. NO. 3613 OF 2025 4 2025:KER:27623 produce the petitioner after interrogation before the jurisdictional court and there may be a direction to the jurisdictional court to consider the bail application on the date of production of the petitioner. I think that prayer can be allowed. 7. Considering the submission of the counsel for the petitioner, this bail application is disposed of with the following directions. 1) The petitioner will surrender before the Investigating Officer within one month from today. 2) If the petitioner surrender before the Investigating Officer as directed above, the Investigating Officer is free to interrogate the petitioner. If arrest is recorded, the petitioner shall be produced before the jurisdictional court on the date of surrender itself. 3) The petitioner is free to file bail application before the jurisdictional court at the time of producing him. If such a bail application is filed with advance copy to the BAIL APPL. NO. 3613 OF 2025 5 2025:KER:27623 prosecutor concerned, the jurisdictional court will consider that bail application in accordance with law and pass appropriate orders in it preferably on the date of filing of the same itself. 4) The Investigating Officer is free to file custody application, if necessary, at the time of producing the petitioner and if such application is filed, the jurisdictional court is free to pass appropriate orders in it also. Sd/- P.V.KUNHIKRISHNAN JUDGE SKS