IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 Bail Appl..No. 5801 of 2008() ----------------------------- CRIME NO. 377/2008 OF ALAPPUZHA SOUTH POLICE STATION PETITIONER/ ACCUSED ------------------------------------ G.SREEDHAR, AGED 28, S/O.GOVINDAN, 1/5 BHAJANAIKOIL STREET, GANAPATHIPURAM, CHENNAI. BY ADV. SRI.K.RAMESH RESPONDENT: COMPLAINANT ------------------------ SUB INSPECTOR OF POLICE, ALAPPUZHA SOUTH POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5801 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of September,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 463, 464, 468 and 471 IPC. According to prosecution, petitioner was working as Senior Officer Production, Planning and Inventory Control in the defacto-complainant company. The company is engaged in export of spices. Petitioner created forged documents and falsified the account relating to transporting charges and misappropriated an amount of Rs.30,000/- from the company. 3. Learned counsel for the petitioner submitted that petitioner is totally innocent of the allegations made. This is the second application for anticipatory bail. At the time of hearing of the previous anticipatory bail application, it was submitted that petitioner has not given the correct address. He has produced certain documents to show that petitioner has a permanent address as evidenced by Annexures A5 to A7. It is submitted that petitioner is a Tamilian and in case he is arrested, he will be put to great difficulties and irreparable loss. He is prepared to abide by BA 5801/08 -2- any conditions imposed by this Court and co-operate with the investigation. 4. This petition is opposed. The learned Public Prosecutor asserted that on verification, the address given by petitioner is found to be not correct. It is also submitted that petitioner is required for custodial interrogation and there is no change of circumstances to entertain this anticipatory bail application. Earlier application was dismissed on 21-8-2008 as B.A. No.4907/2008. The crime was registered on 27-6-2008 and so far petitioner is not arrested and petitioner has not co-operated with the investigation. 5. On hearing both sides, I find that there is absolutely no circumstances which persuade me to grant anticipatory bail to petitioner. I had already come to a finding (vide order in B.A.No.4907/2008) that there will be many facts within the exclusive knowledge of the petitioner and those can be brought out only by an interrogation of the accused. Considering the serious nature of the allegations made, which are discussed in detail in the order in the earlier anticipatory bail application, I had dismissed the said anticipatory bail application. I do not think that on facts of this case, this is a fit case to grant anticipatory bail to petitioner. BA 5801/08 -3- 6. Petitioner shall surrender before the Investigating Officer within seven days from today. Petition is dismissed. K.HEMA, JUDGE. mn.