IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Bail Appl..No. 7147 of 2008() ----------------------------- CRIME NO.716/08 OF MANNARKAD POLICE STATION PETITIONER: -------------------- K.KUMARAN, AGED 48, S/O.KOCHURAMAN, SINI BHAVAN, NEAR CSI CHURCH, THORAPURAM, MANNARKAD P.O. BY ADV. SRI.K.R.VINOD RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7147 of 2008 ----------------------------------------- Dated this the 24th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 409 of the Indian Penal Code. According to prosecution, while petitioner was working as Manager in the Supplyco, it was found that entire details of sale between 1.4.2006 and 31.3.2007 were totally removed from the computer. On examination of the records, it was found that the amounts received during the said period were not fully deposited and on conducting audit, it was found that Rs.10,94,067.59 was misappropriated. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. There was some fault in the computer and when petitioner took charge in 2006, he pointed out this defect and the software was changed as requested by him. Petitioner has not committed any offence. His parents committed suicide after registration of the crime against petitioner and hence, he may be granted anticipatory bail. It is submitted that petitioner has BA.7147/08 2 no criminal antecedents. It is also submitted that amounts are not being handled by petitioner and in case he is found innocent, he will suffer irreparable injury and loss, if petitioner is detained in custody. 4. Learned Public Prosecutor opposed this bail application and submitted that during the period between 25.8.2007 and 8.9.2007 the accounts were checked and it was found that petitioner had not deposited Rs.2,69,650/- and a request was made to transfer petitioner. Petitioner deposited Rs.50,000/- out of this amount. The investigation is going on and hence, if petitioner is granted anticipatory bail, it will adversely affect the investigation, it is submitted. 5. On hearing both sides, I am satisfied that if anticipatory bail is granted, on the facts and circumstances of the case, it is likely that it will affect the investigation adversely. This is particularly so since petitioner will be having many materials within his exclusive knowledge, which can be ascertained only by interrogation. The crime was registered as early as on 7.11.2008 and petitioner was not available for investigation so far. BA.7147/08 3 Petitioner is directed to surrender before the investigating officer and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.