IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 Bail Appl..No. 390 of 2010() ------------------------------------- CRMP.3624/2009 of DISTRICT COURT, ALAPPUZHA CRIME NO.186/2009 OF ALAPPUZHA SOUTH POLICE STATION, ALAPPUZHA .................... PETITIONER/ACCUSED: -------------------------------------- JYOTHIS.P.S,S/O.V.P.SALI,PALLIKKODAM PARAMBIL,CHOOLA BHAGOM,KUMARAKOM.P.O, KOTTAYAM. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.M.SUNILKUMAR SRI.PRASANTH M.P SRI.JAYACHANDRAN D. RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------ 1. SUB INSPECTOR OF POLICE,ALAPPUZHA SOUTH POLICE STATION,ALAPPUZHA. 2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S.BREEZ, PUBLIC PROSECUTOR. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 390 of 2010 ------------------------------- Dated this the 8th day of February, 2010 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.186/2009 of Alappuzha South Police Station. 2. The offences alleged against the petitioner are under Sections 420 and 468 read with Section 34 of the Indian Penal Code. 3. The crime was registered on the basis of the complaint filed by Sree Ram Transport Finance Company Ltd. before the court of the Judicial Magistrate of the First Class, Alappuzha. The complaint was filed against Sibi and Rajesh K. It was alleged in the complaint that Sibi had hire purchase business dealings with the complainant and he had only paid a sum of Rs.80,529/-. Rajesh was the guarantor for Sibi in the transaction. The complainant came to know that Sibi and Rajesh had manipulated records to show that entire amount due to the complainant was paid and no objection certificate was produced before the registering authority and the hypothecation was cancelled. They got the registration certificate also. 4. During investigation, it was revealed that Sibi had paid B.A. No. 390/2010 2 entire amount to the petitioner, who was working as the Business Executive of Sree Ram Transport Finance Company Ltd. and that the no objection certificate was given to Sibi by the petitioner. Investigation revealed that the petitioner had manipulated records and misappropriated the amount due to Sree Ram Transport Finance Company Ltd. 5. The petitioner apprehends arrest in the case and therefore, he has filed this application for anticipatory bail. 6. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the Case Diary. 7. Taking into account the facts and circumstances of the case, I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. If anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. Moreover, I am of the view that the petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm