IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 Bail Appl..No. 7165 of 2008() ---------------------------------------- CRIME NO.739/2008 OF KASARAGOD POLICE STATION .......... PETITIONER (S)/ (ACCUSED) --------------------------- SREEDHARA.K, S/O.LATE K. KRISHNA, RESIDING AT HAMSADWANI HOUSE, KALYANGAD, P.O.R.D. NAGAR, KASARAGOD DISTRICT. BY ADVS. MR.T.SETHUMADHAVAN MR.PUSHPARAJAN KODOTH MR.K.JAYESH MOHANKUMAR RESPONDENT(S): ----------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.(CRIME NO.739/2008 OF KASARAGOD POLICE STATION) PUBLIC PROSECUTOR MR.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7165 of 2008 ----------------------------------------- Dated this the 9th February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 409, 420, 468 and 471 of the Indian Penal Code. According to prosecution, petitioner, who was working as an officer in the North Malabar Gramin Bank, committed various offences by opening accounts in the name of persons, who are dead and operated the same by himself and by availing overdraft facilities etc. Huge amounts were misappropriated by petitioner in this manner. 3. Learned counsel for petitioner submitted that petitioner was working as an officer in the bank for 30 years and it is highly improbable that at the fag end of his career, he could have committed these offences. Hence, he may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner was drawing amounts by himself by opening accounts in the name of dead persons and availing facilities given by the bank and huge amounts are BA.7165/08 2 misappropriated. Hence, it is not a fit case to grant anticipatory bail, it is submitted. 4. On hearing both sides, considering the nature of allegations made and the nature of investigation required, I am satisfied that it is not a fit case to grant anticipatory bail. The crime was registered as early as on 20.10.2008 and petitioner is required for interrogation and investigation. Hence, the following order is passed: (1) Petitioner shall surrender before the investigating officer forthwith and co- operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. (2) No further application for anticipatory bail by petitioner in this crime will be entertained by this Court. Petition is dismissed. K.HEMA, JUDGE vgs.