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. 5605 of 2008() ----------------------------- CRIME NO. 251/2008 OF IRIKKUR POLICE STATION PETITIONER/ACCUSED: ------------------- K.K.ROJA, W/O. SURENDRAN, KOLANTHERI HOUSE, KULINHI P.O.,PERUVALATHPARAMBA, KANNUR DIST. BY ADV. SRI.V.RAJGOPAL RESPONDENT/COMPLAINANT: ----------------------- STATE OF KERALA, S.H.O.IRIKKUR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR 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.5605 OF 2008 ------------------------------ Dated this the 15th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 409 I.P.C. According to the prosecution, a complaint was lodged by the Secretary of Vanitha Sahakarana Sangham, alleging that the petitioner while working as daily collection agent of the society used to collect various amounts from various customers and failed to remit the same in the society and thereby misappropriated a huge amount of Rs.2,27,475/-. 3. Learned counsel for the petitioner submitted that the society is run by women only, but the husbands of certain members have falsely implicated the petitioner in an offence of this nature, alleging that some amount is misappropriated. She deposited the entire amount and hence anticipatory bail may be granted to the petitioner, who is a woman. 4. This petition is opposed. Learned Public Prosecutor submitted that so far, the amount of Rs.2,27,475/- is B.A.5605/2008 2 misappropriated, but as per the instructions, some more amounts are likely to be misappropriated. Since the alleged victims have not come forward by filing complaints it is not yet ascertained how much is the whole amount which is misappropriated. In an offence of this nature, it is not proper to grant anticipatory bail, it is submitted. On hearing both sides, considering nature of offence, I find that it is not fit and proper to grant anticipatory bail, especially since the petitioner will be required for interrogation to ascertain the details of the amounts misappropriated. The petition is dismissed. K.HEMA, JUDGE pac