IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 Bail Appl..No. 3832 of 2009() ----------------------------- CRIME NO.553/2009 OF PUNALUR POLICE STATION, KOLLAM PETITIONER/ACCUSED: --------------------------------------- RICHARD.S.AUSTIN, ANUGRAHA, KOMALAMKUNNU, PUNALUR. BY ADV. SRI.V.PREMCHAND RESPONDENTS/ COMPLAINANT: --------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPCTOR OF POLICE, PUNALUR POLICE STATION, PUNALUR, KOLLAM DISTRICT. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3832 of 2009 ------------------------------------ Dated this the 20th day of July, 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. 553/2009 of Punalur Police Station. 2. The offences alleged against the petitioner are under Sections 406, 409 and 477A of the Indian Penal Code. 3. I have perused the case diary. 4. The petitioner was working as an officer-in-charge of Sabari Medical Store, Punalur run by Supplyco. Various irregularities were found during the period 1/04/2007 to 31/03/2008. It was detected that there was falsification of accounts and misappropriation and dereliction of duty on the part of the petitioner. On the basis of audit report, a complaint was filed against the petitioner. It was registered as Crime No.553/2009 under the aforesaid sections of the Indian Penal Code. 5. Taking into account the facts and circumstances of B.A. No. 3832 / 2009 Page numbers the case, the nature and gravity of the offence and the allegations levelled against the petitioner, I do not think that this is a fit case where the petitioner is entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm