IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 Bail Appl..No. 5961 of 2008() ----------------------------- (CRIME NO.503/2008 OF MEDICAL COLLEGE POLICE STATION) PETITIONERS/ACCUSED --------------------------------------- 1. SREEJESH, S/O. SREENIVASAN, PUTHUKKUDI, PULPARAMBIL HOUSE, OLAVANNA, P.O., KOZHIKODE, 2. DENEESH, S/O. KUMARAN, PULTHODI HOUSE, GURUVAYOORAPPAN COLLEGE P.O., MATHRA, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 5961 of 2008 --------------------------------------------------- Dated this the 26th day of September, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 409, 420, 465, 468, 471, 173, 474, 477 read with 34 IPC. According to prosecution, the petitioners were working in a financing company and they have misappropriated an amount of more than Rs.72 lakhs. They received various amounts from various customers and issued receipts but those amounts are not deposed in the bank account of the company. 3. Learned counsel for the petitioner submitted that petitioners are absolutely innocent of the allegations made. A Reconciliation Committee was formed and on enquiry by it, it was found that some amount was due and such amount was paid also. The petitioners have not committed any offence. But, huge amounts are due from the company to the customers and they are demanding money from the company. With a view to take up 2 a defence by the company the petitioners are made scapegoats, by lodging this complaint. 4. This petition is opposed. Learned Public Prosecutor submitted that huge amount of money was misappropriated. Petitioners issued receipts to various customers on receipt of money from them and those amounts were not deposed in bank. Their handwriting is to be collected and hence it may not be proper to grant anticipatory bail, it is submitted. On hearing both sides, on consideration of the nature of allegations made and also considering the nature of investigation required, I do not think it fit to grant anticipatory bail to the petitioners. The Petition is dismissed. K. HEMA, JUDGE. Krs.