IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 Bail Appl..No. 4413 of 2009() ------------------------------------ CRIME NO. 540/2009 OF VADAKKEKARA POLICE STATION, ERNAKULAM DISTRICT ....................... APPLICANT/ACCUSED: --------------------------------- K. ANILKUMAR, AGED 43 YEARS, S/O. KARUNAKARA PILLAI, RESIDING ARE AYILYAM, EZHIKKARA P.O., N. PARAVOOR. BY ADVS. SRI.P.VIJAYA BHANU S RI .VIPIN NARAYAN RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, VADAKKEKARA POLICE STATION, ERNAKULAM DISTRICT. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4413 of 2009 ------------------------------------ Dated this the 11th day of August, 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 the accused in Crime No.540/2009 of Vadakkekara Police Station, Ernakulam. 2. The offences alleged against the petitioner are under Sections 409, 420, 468 and 477 A of the Indian Penal Code. 3. The prosecution case is that the petitioner while working as a cashier in the Kerala State Electricity Board at Moothakunnam for the period from November, 1998 to 4/04/2009, misappropriated approximately Rs.1,22,000/- belonging to the Board. It is alleged that in that process, he had falsified accounts as well. The F.I. statement discloses that the billing system was computerized in May, 2008 and till then it was done manually. 4. The learned counsel for the petitioner submitted that the petitioner was victimised in the case. It is stated that B.A. No.4413 /2009 Page numbers there was disciplinary proceedings against the Sub Engineer for his unruly behavior in the office in a drunken state. An enquiry was conducted. The petitioner was one of the witnesses . It was found that the Sub Engineer was guilty of the misconduct. He was originally suspended and later punishment was imposed on him by the Department. The petitioner had spoken against the Sub Engineer in the departmental enquiry. It is also submitted that the Assistant Engineer (Sri.Anandan) had lodged the F.I Statement. He is a close friend of the Sub Engineer and they acted in unison with intent to see that some how or other the petitioner is trapped in a case, whereby he will not only lose his job, but he would be put in jail also. It is submitted that after the computersation, many of the receipt books were not be available and making use of such incidents, false allegations have been made against the petitioner. 5. The learned counsel for the petitioner also submitted that if the petitioner is arrested and detained, it would affect his service apart from the harassment and humiliation that he may have to face. The petitioner offers to deposit the entire shortage B.A. No.4413 /2009 Page numbers as is stated in the F.I. statement, not to escape from the alleged criminal offence, but to show his bonafides and to protect his prestige. He asserts that he is not at all guilty and that inspection of all the records properly by dispassionate persons would reveal that he is absolutely innocent. It is also submitted that the petitioner is prepared to cooperate with the investigating officer and that he will appear for interrogation before the investigating officer on any date fixed by the investigating officer. 6. 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.50,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall deposit a sum of Rs.1,25,000/- before the court of Judicial Magistrate of the First Class, North Parvur within a period of 15 days. B) The petitioner shall report before the B.A. No.4413 /2009 Page numbers investigating officer between 9 A.M and 11 A.M. on every Sunday, till the final report is filed or until further orders; C) The petitioner shall appear before the investigating officer for interrogation as and when required; D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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. It is made clear that in case of failure on the part of the petitioner to make the deposit mentioned in Condition No.(A), this order granting bail shall automatically cease to exist. K.T. SANKARAN, JUDGE scm