IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 Bail Appl..No. 2521 of 2009 CRIME NO.285/2008 OF KODUMON POLICE STATION PETITIONER: ACCUSED: -------------------- V.R. JYOTHIKUMAR, AGED 41 YEARS, S/O. LATE V.K. RAJENDRAN, VALLIATHU PUTHEN VEEDU, ANGADICKAL SOUTH P.O. KODUMON (VIA), PATHANAMTHITTA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT: --------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2521 OF 2009 A ------------------------------------------------------ Dated this the 21st May, 2009 O R D E R This is an application for anticipatory bail filed by the petitioner under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.285 of 2008 of Kodumon Police Station. The offence alleged against the petitioner are under Sections 409, 465 and 468 of the Indian Penal Code. The petitioner moved B.A.No.6407 of 2008 before this Court for anticipatory bail and that application was dismissed as per the order dated 31.10.2008. 2. The allegation against the petitioner is that he misappropriated the amounts payable to the Scheduled Caste students. The petitioner was working as a Clerk in an aided school. While disposing of B.A.No.6407 of 2008, the petitioner was directed to surrender before the investigating officer or before the Court and to co-operate with the investigation within seven days. The petitioner has not complied with the direction. I do not think that the petitioner is entitled to invoke the relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/