IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 Bail Appl..No. 7135 of 2008() ----------------------------- CRIME NO.1263/08 OF TIRUR POLICE STATION PETITIONER: -------------------- SUDARSAN, S/O.LATE CHANDHU KELEPPATT HOUSE, PURATHUR PO., TIRUR TALUK, MALAPPURAM. BY ADV. SRIC.M.MOHAMMED IQUABAL RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7135 of 2008 ----------------------------------------- Dated this the 21st November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 409 of the Indian Penal Code. According to prosecution, petitioner was working in a financial institution run by de facto complainant. Petitioner was entrusted with the key of the locker, in which the gold ornaments used to be kept. Petitioner informed de facto complainant that he is going abroad after 30th October, 2008. Therefore, he was asked to be present on 30.10.2008 to check the gold ornaments in the locker. But, on that day he did not come. Therefore, the locker was opened in the presence of other employees and on verification it was found that 198 grams of gold were spurious. Petitioner has allegedly removed the genuine gold and substituted it with spurious gold and thereby committed the offences. 3. Learned counsel for petitioner submitted that petitioner left the institution on 30.9.2008. He has sought for a better job and he wanted to go abroad. Even on the date on which he got relieved, there was no complaint that he had misappropriated any gold. After leaving the institution, a false complaint is now lodged against petitioner. He is absolutely innocent of the allegations made. BA.7135/08 2 4. This petition is opposed. Learned Public Prosecutor submitted that in the nature of allegations made, it is not a fit case to grant anticipatory bail. Interrogation of petitioner is required for recovery of gold ornaments and if anticipatory bail is granted, it will adversely affect the investigation, it is submitted. 5. On hearing both sides, I am satisfied that petitioner's presence would be required for the purpose of investigation. Recovery of gold ornaments is to be effected. Petitioner is to be interrogated. On consideration of the nature of allegations made and the nature of investigation required, I am satisfied that this is not a fit case to grant anticipatory bail. The crime is registered as early as on 8.11.2008. Petitioner is directed to surrender before the investigating officer without any delay and co- operate with the investigation. Whether petitioner surrenders or not, police is at liberty to arrest him at any time and proceed with accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.