IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 Bail Appl..No. 5611 of 2008() ----------------------------- CRMP.2386/2008 of DISTRICT COURT, PALAKKAD CRIME NO.290/08 OF KOLLENGODE POLICE STATION PETITIONER ------------------ ARUNACHALAM, AGED 39 YEARS,H S/O SHANMUGHAM, RESIDING AT V.I.P COLONY NALLEPPULLY, CHITTUR TALUK,PALAKKAD DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: ------------- STATE OF KERALA, REP. BY STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA, REP. BY S.I. OF POLICE, KOLLENGODE POLICE STATION. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.5611 of 2008 ----------------------------------------- Dated this the 15th September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 420 of Indian Penal Code. According to prosecution, the General Manager of Imperial Spirits Limited entrusted Rs.4.8 lakhs with the petitioner, who is the Assistant Manager of the Company for depositing in the Treasury towards brand registration fee. The petitioner did not deposit the amount, but produced a forged chalan containing Treasury seal, which is also forged and offence was detected at a later stage. 3. Learned counsel for petitioner submitted that there is a dispute between the petitioner and the Manager. The deposits are usually done by the Accountant, but, in view of the dispute, the petitioner has been falsely implicated as the accused. He is absolutely innocent of the allegations made. It is also pointed out that there is an inordinate delay of three months in lodging the complaint and hence, on these grounds anticipatory bail can be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that this is a case where the Treasury seal has been BA.5611/08 2 forged and a fake chalan has been produced by the petitioner to make it appear that the amount was actually deposited in the Treasury. The amount involved is Rs.4.8 lakhs which was entrusted by the General Manager personally to the petitioner. The petitioner is required for investigation. 5. On hearing both sides, I do not think it fit to grant anticipatory bail in an offence of this nature, especially since there will be many materials within the exclusive knowledge of the petitioner regarding the commission of forgery and his interrogation will be required for an effective investigation. Petition is dismissed. K.HEMA, JUDGE vgs.