IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 Bail Appl..No. 5647 of 2009() --------------------------------------- CRIME NO.772/2009 OF CHERTHALA POLICE STATION, ALAPPUZHA PETITIONER/ACCUSED: -------------------------------------- T.J.JOSEPH,S/O.JOHN,AGED 52, THEEYATTUPARAMBIL,THIRUNELLOOR.PO,CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADV. DR.V.N.SANKARJEE RESPONDENTS/COMPLAINANT: -------------------------------------------------- 1. THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, CHERTHALA. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5647of 2009 ------------------------------------ Dated this the 28th day of October, 2009 O R D E R When the Bail Application came up for hearing on 16/10/2009, the following order was passed: “This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.772/2009 of Cherthala Police Station. 2. The offences alleged against the petitioner are under Sections 408 and 418 of the Indian Penal Code. 3. A petition was filed by the Assistant General Manger, Zonal Office of the State Bank of Travancore, Ernakulam before the Superintendent of Police, Alappuzha showing the petitioner herein as respondent and making the following allegations: One Shaji, who maintained a S.B Account, complained to the Bank that there was a difference of Rs.1,34,000/- in his S.B. Account. The B.A. No.5647/2009 2 Chief Manager of Cherthala Branch of the Bank made enquiries. It was found out that the accused had withdrawn money from the S.B. Account of Shaji on four occasions in January, February and July, 2009 without entering the details in the passbook of the account holder. It is also stated in the petition that the accused admitted that he had unauthorisedly withdrawn the amount. It is also stated therein that the accused remitted the amount so withdrawn on 8/8/2009 in the account. 4. The learned counsel for the petitioner submitted that the wife of the petitioner was admitted in the Lake shore Hospital, as she was suffering from cancer. She had undergone a surgery. She is continuing her treatment for the disease. The incident alleged occurred during the period when the wife of the petitioner was in the hospital. It is also pointed out that since the amounts were deposited by the petitioner and the amount was made available in the account of Shaji, the latter has withdrawn his grievance before the bank. B.A. No.5647/2009 3 5. Taking into account the facts and circumstances of the case, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 22nd and 23rd October, 2009. Post on 28/10/2009. 6. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.772 of 2009 of Cherthala Police Station.” 2. The learned counsel for the petitioner as well as the learned Public Prosecutor submitted that the petitioner has complied with the directions contained in the order dated 16/10/2009. 3. 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 B.A. No.5647/2009 4 petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M. on all alternate Mondays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) 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. K.T. SANKARAN, JUDGE scm