IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 Bail Appl..No. 6841 of 2009() ----------------------------- CRIME NO.149/2009 OF BADIADKA POLICE STATION, KASARAGOD .................... PETITIONER/ACCUSED -------------------------------------- MR.JAYANARAYANA SHETTY, A2, R/AT VIJYA PRATHEEKA HOUSE, MOVVAR POST, MOVVAR, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP. BY OF THE SUB INSPECTOR OF POLICE, BADIADKA POLICE STATION, REP BY THE PUBLIC PROSECUTOR, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6841 of 2009 --------------------------------------------- Dated this the 23rd day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.149 of 2009 of Badiadka Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 406, 418 and 420 read with Section 34 of the Indian Penal Code. 3. The de facto complainant filed a complaint before the court of the Judicial Magistrate of the First Class, Kasaragod which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. The gist of the prosecution case is the following: The de facto complainant, Gandhi Smaraka Seva Kendram, is a society registered under the Societies Registration Act. Apart from its other activities, it is engaged in micro finance to the Self Help Groups affiliated with the society for the upliftment of the BA No.6841/2009 2 poor. Sreesaskthi Self Help Group was formed for helping the poor women in the area. That group was affiliated to the complainant's society. A sum of Rs.76,000/- was granted as loan to Sreesakthi Self Help Group. The allegation is that without crediting that amount in the account of Sreesakthi Self Help Group, the accused persons had misappropriated the amounts by drawing the amount from the Bank. In spite of the promise to credit the same in the account of Sreesakthi Self Help Group, it was not done. It is also alleged that in the cheque for Rs.76,000/-, signature of the President of the Self Help Group, namely, Kanchana, was obtained by the accused with the assurance that the amount would be credited in the account of Sreesakthi Self Help Group. But, it was not done. 5. The petitioner surrendered before court on 3.11.2009 and he was remanded to judicial custody. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. BA No.6841/2009 3 The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kasaragod, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl