IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 Bail Appl..No. 3509 of 2009 CRIME NO.189 OF 2009 OF CONTONMENT POLICE STATION, THIRUVANANTHAPURAM. PETITIONER: ACCUSED NO.2: ------------------------------ DINESH KAMMATH B., S/O. BALAKRISHNA KAMMATH, JUNIOR ASSISTANT, MAVELI STORE, PALAYAM, THIRUVANANTHAPURAM, RESIDING AT THADATHARIKATH VEEDU, VLAVETTI, KOTTOOR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.T.SHYAMKUMAR SRI.R.NARENDRAN NAIR RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, CANTONMENT POLICE STATION, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3509 OF 2009 ------------------------------------------------------ Dated this the 30th June, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.189 of 2009 of Cantonment Police Station, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Section 409 of the Indian Penal Code. 3. The de facto complainant alleged that Raj Kumar, Assistant Manager of the Maveli Store, Palayam, committed misappropriation by falsifying the accounts. It is also alleged that he got the signature of Dinesh Kammath (petitioner herein) in several blank papers and misused the same for the purpose of facilitating his misappropriation and other allied acts. A petition was also filed by Dinesh Kammath before the authorities. It would appear that an enquiry was conducted by the superior officers in the department and it was B.A. NO. 3509 OF 2009 :: 2 :: found that the petitioner was cheated by Raj Kumar by obtaining certain blank signed papers. The petitioner Dinesh Kammath apprehends arrest in Crime No.189 of 2009. 4. Learned counsel for the petitioner submitted that the petitioner is a person who was cheated by Raj Kumar and that the petitioner has not committed any offence. The superior officers found that the version of Dinesh Kammath is true. They had no complaint that the petitioner had committed any misappropriation. On the other hand, the allegation was that Raj Kumar, who is the first accused, had committed the offence of misappropriation. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. NO. 3509 OF 2009 :: 3 :: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/