IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 Bail Appl..No. 6407 of 2008() ----------------------------- (CRIME NO.285/2008 OF KODUMON POLICE STATION) PETITIONER/ACCUSED: -------------------- V.R.JYOTHIKUMAR, AGED 41 YEARS, S/O.LATE V.K.RAJENDRAN, VALLIATHU PUTHEN VEEDU, ANGADICKAL SOUTH P.O., KODUMON (VIA.), PATHANAMTHITTA. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 6407 of 2008 --------------------------------------------------- Dated this the 31st day of October, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 409, 465 and 468 of IPC. According to prosecution, petitioner was working as a Clerk in an aided school. He misappropriated the amounts which are to be given to the students belonging to Scheduled Caste as grants allowed to them by the Schedule Castes Development Corporation. He made entries in the register showing that the amounts are disbursed, without actually disbursing the same. On a complaint made by those students, an inquiry was conducted by the Deputy Director of Education and it was found that two principals and petitioner were responsible for the offence. A complaint was lodged by the Director of Scheduled Castes Development Corporation and a crime was registered against petitioner. 3. Learned counsel for petitioner submitted that petitioner [B.A.No.6407/08] 2 is absolutely innocent of the allegations made. The petitioner had worked against the present Manger in the election to the management of the school and hence he is motivated against petitioner to raise a false allegation against petitioner. Petitioner has left D.Y.F.I. and joined the Congress party and hence, the present management is motivated against petitioner to file a false complaint against him. Though an enquiry was conducted, the registers and records were not verified. The amount involved is too meager. Though in the report it is stated that two principals are also responsible, no action is taken against them. In such circumstances, petitioner may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the complaint is lodged by the Director of Scheduled Caste Development Corporation against petitioner only and no allegation is made against the two principals in the complaint. It is not correct to say that amounts misappropriated is too low. To each student, Rs.2000/- and odd was allowed as the grant allotted. Six students had given complaint. The fact that no action is taken against the principals is not a reason to exonerate petitioner from his liability. [B.A.No.6407/08] 3 5. On hearing both sides, considering the nature of allegations made, I do not think it fit to grant anticipatory bail to petitioner. The omission to proceed against the principals cannot be made a ground to hold that petitioner not guilty. Though some motive is alleged against Manager of the school, the complaint is not filed by him but the Director of Scheduled Castes Corporation has filed the complaint. There is no allegation that the Director is motivated against petitioner on any ground. In the nature of allegations made, interrogation of petitioner will be required to ascertain in what manner the offence was committed by him. The investigation is at the initial stage. The crime is registered as early as on 4.9.2008 and petitioner has not been available for investigation. Hence, petitioner is directed to surrender before the investigating officer or before the court concerned and co-operate with the investigation within seven days from today. Whether petitioner 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. Krs.