IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 8271 of 2011() ----------------------------------------- CRIME NO.766/2011 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT .................... PETITIONER/ACCUSED NO.1 ----------------------------------------- DHARANEEDHARAN P, RESIDING AT ETTA HOUSE, GANAPATHI MANDAPAM ROAD, KANNUR -11, RETIRED SECRETARY TALIPARAMBA CO-OPERATIVE BUILDING SOCIETY, TALIPARAMBA KANNUR DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT/COMPLAINANT-STATE -------------------------------------------------------- THE STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, KANNUR DISTRICT , REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.S. HYMA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J. --------------------------------------- B.A No. 8271 of 2011 --------------------------------------- Dated this the 23rd day of November 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No. 766 of 2011 of Taliparamba Police Station for the offences punishable under Sections 406, 409, 420, 463 and 468 read with 34 of IPC. 2. Having heard either side, it appears that the first accused while working as Secretary of the Thaliparamba Co-operative Society, received money from the complainant and it was misappropriated without remitting before the Apex Society. It cannot be said that the allegation is baseless or that the petitioner is falsely implicated. Therefore, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. 3. In the result, the petition is disposed of directing the petitioner to surrender before the Investigating officer. The Investigating Officer after interrogation with or without arrest, and recovery if any, shall produce the petitioner before the Judicial First Class Magistrate, Thaliparamba so as to enable the petitioner to apply for regular bail, which the Magistrate shall dispose of on merits as far as possible, on the same day, provided, due notice is given to the Assistant Public Prosecutor. (P.S.GOPINATHAN, JUDGE) al