IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 Bail Appl..No. 865 of 2008() ---------------------------- [CRIME NO.43/2008 OF THE KAYAMKULAM POLICE STATION] : PETITIONER/ACCUSED ----------------------------------- SHAMNAD PRADANGAMOOTTIL, PRADANGAMOOD, KAYAMKULAM. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENTS/STATE & COMPLAINANT: ------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE KAYAMKULAM POLICE STATION, KAYAMKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.865 of 2008 ---------------------------------------- Dated this the 14th day of February 2008 O R D E R Application for anticipatory bail. The petitioner is the Village Extension Officer. Crime has been registered for offences punishable under Sections 408 and 420 I.P.C. The de facto complainant is the B.D.O, a superior official. The crux of the allegations is that the petitioner had fraudulently withdrawn an amount of Rs.60,000/- which was not meant to be transferred to his personal account. He allegedly misutilised the same for his own personal purposes and did not use the same for the purpose for which it was meant. Repayment was made only on 22/10/2007. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. There was no contumacious or culpable intention. In the over enthusiasm on the part of the petitioner, who has a distinguished record of performance of official duty, he had only withdrawn the amount and kept it in the hope that it can be disbursed to eligible claimants; but in the meantime, the petitioner has been transferred and the mission could not be accomplished. The B.A.No.865/08 2 petitioner is a winner of awards and appreciations from his superior officers. For the innocuous irregularity allegedly committed by him, he may not be compelled to suffer the trauma of arrest and incarceration. The petitioner is willing to co- operate with the investigating officer. At any rate, there are documents which evidence the transaction in question. It is not necessary to insist on arrest and incarceration of the petitioner, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor does not oppose the application. Having considered all the relevant inputs, I am persuaded to agree that the petitioner can be granted anticipatory bail subject of course to appropriate and strict conditions. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 21/02/2008. He shall be released on regular bail on condition that he executes a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. B.A.No.865/08 3 ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 5 p.m on 22/02/2008 and 23/02/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioner shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of one month and subsequently as and when directed by the investigating officer in writing to do so. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 21/02/2008, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 21/02/2008. (R.BASANT, JUDGE) B.A.No.865/08 4 jsr B.A.No.865/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007