IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 Bail Appl..No. 4842 of 2009() ----------------------------- CRIME NO.67/2008 OF RAMAMANGALAM POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- BABU M.VARKEY, AGED 48 YEARS, S/O.VARKEY, MANDAPATHIL HOUSE, ELAPPULLI, PALAKKADU DISTRICT, C/O.CHERIAN P.P., PALATHINKAL HOUSE, PERUMPILLY, MULANTHURUTHY. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): COMPLAINANT -------------------------- 1. STATION HOUSE OFFICER, RAMAMANGALAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADDL. R2 : 2. THE MANAGER STATE BANK OF TRAVANCORE PAMPAKUDA BRANCH ERNAKULAM DISTRICT. IMPLEADED AS ADDL. 2ND RESPONDENT VIDE ORDER DATED 22.10.2009 IN CRL.M.A.NO.5759/2009. PUBLIC PROSECUTOR SRI.M.S.BREEZ SRI.SATHISH NINAN FOR ADDL.R2 THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4842 of 2009 --------------------------------------------- Dated this the 3rd day of November, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.67 of 2008 of Ramamangalam Police Station. 2. The offences alleged against the petitioner are under Sections 409 and 420 of the Indian Penal Code. 3. The prosecution case is that the accused while acting as the Assistant Manager of the State Bank of Travancore committed misappropriation. It is alleged that various amounts were withdrawn from the accounts of the customers and those amounts were deposited in the account of the petitioner. 4. The learned counsel for the petitioner submitted that later, the loss due to the Bank was made good by depositing the amount with the help of a relative of the petitioner. The learned Standing Counsel appearing for the State Bank of Travancore submitted that the entire amount due to the Bank has been deposited. Though the deposit of the amount may not be a BA No.4842/2009 2 ground for exonerating the petitioner from the offences alleged, taking into account the peculiar facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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 to the extent indicated above. K.T.SANKARAN, JUDGE csl