IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 Bail Appl..No. 3414 of 2008 -------------------------------------- (CRIME NO. 106/2008 OF THE POOVAR POLICE STATION) APPLICANT/ACCUSED -------------------------------- RANJITH SUGADAMMA, KATTIL VEEDU, ANAYARA, THIRUVANANTHAPURAM. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS: COMPLAINANT ---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT OF KERALA, ERNAKULAM, (SUB INSPECTOR OF POLICE, POOVAR POLICE STATION). BY PUBLIC PROSECUTOR SRI. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------- B.A. No. 3414 OF 2008 ----------------------------------- Dated this the 2nd day of June, 2008. O R D E R This is a petition for anticipatory bail. 2. Petitioner is the sole accused in the crime registered under Sections 420 and 409 of Indian Penal Code, on the basis of a complaint given by the Branch Head of ING Vaisya Bank. As per the allegations, the petitioner had taken cash from customers and misappropriated the same and received cheques from them, and repaid the earlier customers thereby depriving the later customers of their valuable funds and in this regard two such customers had come forward complaining that they had lost a total amount of Rs.12 lakhs. 3. Learned counsel for the petitioner submitted that the petitioner has not taken any money from any person and the alleged amount involved is Rs.12 lakhs. Had he been guilty of misappropriating any amount from any customer, any complaint would have been filed stating that amount was received. If at all any amount is allegedly received such as, huge amount of Rs.40,000/- each from the various persons, as alleged by the B.A. No. 3414/08 2 prosecution, the customers would have insisted for receipts. No such allegation is made that the petitioner received the money in cash and that he had not issued receipts etc. 4. Learned Public Prosecutor submitted that he has no objection in granting anticipatory bail on stringent conditions. Hence the following order is passed: 1) Petitioner shall be released on bail in the event of his arrest on his executing a bond for Rs.50,000/- with two solvent sureties, each for the like sum, to the satisfaction of the arresting officer on the following terms and conditions: i) The petitioner shall make himself available for interrogation by the investing officer as and when directed. ii) The petitioner shall not leave the limits of the police station within which the crime is registered. iii) The petitioner shall surrender his passport, if any, before the Judicial Magistrate Court-II, Neyyattinkara within one week from the date of receipt of a copy of this order. This petition is allowed. K. HEMA, JUDGE. smp