IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 Bail Appl..No. 7524 of 2008() ----------------------------- IN RE-CRIME NO.23/07 OF KELAKAM POLICE STATION PETITIONER/ACCUSED:- ---------------------------------------- V.V.JOHN, S/O. VARKEY, VALLIPARAMBIL HOUSE, P.O. KELAKAM, KANNUR DIST. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): RESPONDENT/COMPLAING:- ------------------------------------- STATE - SHO KELAKAM POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.7524 of 2008 ----------------------------------------- Dated this the 16th February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 403, 408, 465, 468 and 471 of the Indian Penal Code and 94(8) of the Kerala Co-operative Societies Act. According to prosecution, petitioner was working as a clerk in the Service Co-operative Bank. He falsified the account and misappropriated various amounts from the bank and thereby committed the various offences referred above. 3. Learned counsel for petitioner submitted that as per the allegations in the complaint itself, the bank was computerised. The work of computerisation was entrusted with one firm. They did not complete the work. Therefore, another firm was entrusted with the work. At that time, the alleged misappropriation etc. were found out. Petitioner has not committed any offence, but the discrepancies noted could only be due to some defects in the computer system, it is submitted. It is also pointed out that the Manager, who was BA.7524/08 2 working at the relevant period, had an alleged role in the offence, but he has not been so far made an accused. It is also submitted that petitioner had a traffic accident and his bones are fractured and he is still having iron rods inside the body as evidenced by Annexure-II certificate issued from the hospital. In such circumstances, anticipatory bail may be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner has shown inflated amounts in the account of petitioner, his wife and near relatives and thereby falsified the accounts and withdrawn a huge amount from the bank and thereby committed the offences. The alleged fault of computer system etc. has nothing to do with the offence. Petitioner was dismissed from service. Annexure-II medical certificate is dated 23.11.2007 and the admission in the hospital is on 6.3.2007, but we are in 2009, it is submitted. 5. On hearing both sides, considering the serious nature of allegations made, I am not inclined to grant anticipatory bail to petitioner. Petitioner is required for interrogation and it BA.7524/08 3 may not be proper to grant anticipatory bail in a case of this nature. If petitioner has any physical infirmity etc., it may be a ground to grant bail under Section 437 Cr.P.C. But, on this ground, I am not inclined to grant anticipatory bail to petitioner, since, it appears that the accident happened about two years back. The crime is registered as early as on 16.2.2007 and petitioner is not so far available for interrogation. Hence, the following order is passed: (1) Petitioner shall surrender before the investigating officer and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. (2) No further application for anticipatory bail by petitioner in this crime will be entertained by this Court. Petition is dismissed. K.HEMA, JUDGE vgs.