IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 Bail Appl..No. 6105 of 2009() ------------------------------------- CRIME NO.173/2009 OF EROOR POLICE STATION, KOLLAM PETITIONER/ACCUSED: ---------------------------------------- S.KRISHNAN CHETTIAR, S/O.SHANMUGHAN CHETTIAR, RETIRED POSTAL ASSISTANT, KRISHNA NIVAS, ANCHAL, KOLLAM DISTRICT. BY ADV. SRI.K.RAVEENDRAN SRI.ANIL KUMAR M.SIVARAMAN RESPONDENTS/COMPLAINANT: -------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, EROOR POLICE STATION, KOLLAM DISTRICT. 3. THE INSPECTOR OF POSTS, DEPARTMENT OF POSTS, GOVERNMENT OF INDIA, PUNALUR SUB DIVISION, PUNALUR - 691 305. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR FOR R3 SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6105 of 2009 ------------------------------------ Dated this the 2nd day of November, 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 accused No.1 in Crime No.173/2009 of Eroor Police Station, Kollam. 2. The offences alleged against the petitioner are under Sections 409, 468, 471 and 420 of the Indian Penal Code. 3. The petitioner was working as Sub Post Master in Eroor Post Office in Kollam District. One Jaysree was the Mahila Pradhan Agent attached to the Eroor Post Office. Several persons complained that though money was taken from them, on maturity of the deposit period, they did not get the amount from the Post Office. It would appear that the concerned persons approached the Sub Post Master, but he was not helpful towards them. They made complaints to the higher authorities. The Inspector of Posts, Punalur Sub Division forwarded a petition to the Station House Officer, B.A. No. 6105 /2009 2 Eroor Police Station stating that in the case of two customers, amounts were misappropriated by the accused persons. In both those cases, the amounts payable were above Rs.20,000/-. The Sub Post Master was expected to pay the amount only by issuing account payee cheques drawn in favour of the customers. Instead of doing so, it is alleged that records were made to the effect that payments were made directly in cash to the Mahila Pradan Agent. It is alleged that this is against the rules. 4. The learned counsel for the petitioner submitted that the petitioner retired from service. Though the allegation is that total sum of Rs.9,56,783/- was misappropriated by Jaysree as well as the petitioner, it is submitted that a sum of Rs.7.14 lakhs was deposited was credited by a third party and it in the name of Mahila Pradan Agent, namely, Jaysree. It is also submitted that another sum of Rs.54, 000/- was deposited by the daughter of Jaysree. It is also submitted that departmental proceedings are going on against the petitioner. The petitioner is aged 61 years. 5. Taking into account the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner though the offence alleged against the petitioner is no less B.A. No. 6105 /2009 3 serious. 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.25,000/- 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