IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 Bail Appl..No. 2546 of 2009 ----------------------------------- PETITIONER/ACCUSED --------------------------------- K.SHAJI, THACHANTHAZHIKATH VEEDU, IVARKALA, NADUVIL, PUTHANAMBALAM P.O., KUNNATHOOR, KOLLAM DISTRICT. BY ADV. MR.M.TRIPTEN RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. SUB INSPECTOR OF POLICE, SOORANAD POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR.M.S.BREEZE. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. ================== B.A. No. 2546 of 2009 ================== Dated this the 25th day of May, 2009. O R D E R This petition is filed under Section 438 of Code of Criminal Procedure for anticipatory bail by the accused in Crime No.40/2008 of Sooranad Police Station. Allegation is that while working as Health Inspector, Primary Health Centre, Peruvazhi, he misappropriated Rs.1,32,700/- from NRHM&ASY accounts and thereby committed the offence under Section 409, 468, 471 of I.P.C. 2. Apprehending arrest this petition is filed contending that he has not committed the offences. When the petition came up for admission, Public Prosecutor pointed out that petitioner had earlier sought anticipatory bail and conditional order to B.A.No.2546/2009 -2- surrender was passed and he did not comply with that order. Petitioner did not disclose filing of those petitions. Petitioner was therefore directed to produce those orders. He did not comply with that direction. Under such circumstances, petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr