IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 7936 of 2011() ---------------------------------------- CRIME NO.909/2011 OF MATHILAKAM POLICE STATION, THRISSUR DISTRICT. .................... PETITIONERS/ACCUSED ------------------------------------- SREE RAMACHANDRAN, AGED 44 YEARS, S/O. NANUMENON, KANAKKASSERI HOUSE, POSVE VEMBALLUR, THRISSUR DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI, SMT.C.G.PREETHA, SRI.ARJUN SREEDHAR. RESPONDENT/COMPLAINANT/STATE ------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J ---------------------------- B.A. NO. 7936 OF 2011 -------------------------- Dated this the 25th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.909/2011 of Mathilakam Police Station for offence punishable under Section 406 IPC. Apprehending, arrest, detention and torture at the hands of the investigating officer, the petitioner seeks an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that he is innocent of the allegations. 2. The petitioner preferred a similar petition as Crl.M.C.No.1183/2011 before the Sessions Judge, Thrissur. The learned Sessions Judge by Annexure I order, dismissed the petition. Now seeking the same relief, this petition was filed. 3. Having heard either side, I find that the allegation is committal of breach of trust in respect of more than Rs.19 Lakhs and it occurred abroad. In the above circumstance, the argument of the prosecution that custodial interrogation of the petitioner is B.A. NO. 7936 OF 2011 2 absolutely necessity cannot be ruled out. The learned Sessions Judge is right in dismissing the earlier application. In the result, this petition is dismissed with direction to the petitioner to surrender before the Investigating Officer. The investigating Officer, after interrogation, with or with out arrest shall produce him before the Magistrate concerned, so as to enable the petitioner to apply for bail, which the Magistrate shall dispose of on the merits, if possible, on the same day provided, due notice is given to the Asst. Public Prosecutor. P.S.GOPINATHAN, JUDGE amk