IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 Bail Appl..No. 891 of 2010() ---------------------------------------- CRIME NO.197/2010 OF ALUVA POLCIE STATION, ERNAKULAM DIST. .................... PETITIONER/ACCUSED -------------------------------------- SNEHADHAYAN,AGED 40 YEARS, S/O.LATE JANARDHANAN,PULLIYANMAVU HOUSE, S.N.PURAM,THAIKKATTUKARA,ALUVA. BY ADV. SRI.JAISON JOSEPH RESPONDENT(S): STATE & COMPLAINANT -------------------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE,ALUVA POLICE STATION. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 891 of 2010 ------------------------------------ Dated this the 19th day of July, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 408 and 420 of the Indian Penal Code. According to prosecution, petitioner was working as a milk collector in the society and he misappropriated an amount of Rs.2,19,495/-, which was entrusted to him to deposit before the various banks during the period from 04.05.2009 to 14.05.2010. 3. Learned counsel for petitioner submitted that petitioner was working in the society for the past 14 years and his duty was only to collect the milk brought to the society, after measuring the same. The secretary is looking after the other affairs of the society. The president of the society is a PWD contractor, who was taking money from the society and using it for his own purpose. Later, he used to deposit the money back to the society, it is submitted. 4. It is also submitted that this fact was brought to notice of the Secretary by petitioner. The president, on knowing about B.A. No. 891 / 2010 2 this, lodged a false complaint against petitioner stating that petitioner misappropriated huge amount etc. Petitioner is absolutely innocent of the allegations made and he appeared before the investigating officer as per the direction issued by this court and explained his innocence to him, it is further submitted. 5. Learned Public Prosecutor submitted that petitioner appeared before the investigating officer and he was interrogated and he has no objection in granting anticipatory bail to petitioner on conditions, it is submitted 6. On hearing both sides, considering the facts and circumstances of the case, I am satisfied that petitioner can be granted anticipatory bail on the conditions. Hence, the following order is passed: 1. Petitioner shall, in the event of his arrest be released on bail on his executing a bond for Rs. 10,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the condition that he shall report before the investigating officer as and when directed and co-operate with the investigation. B.A. No. 891 / 2010 3 2. This order will be in force only for a period of 20 days from today. In the meantime, petitioner shall seek regular bail from the court concerned. This petition is allowed. K. HEMA, JUDGE ln