IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 Bail Appl..No. 3859 of 2009 CRIME NO.284 OF 2009 OF ALAPPUZHA SOUTH POLICE STATION CRMP.1513/2009 OF SESSIONS COURT, ALAPPUZHA PETITIONER: ACCUSED --------------------- P.R. AJITH, S/O. MANORAMA, C.B. III, POSTAL QUARTERS, VELLAKKINAR, ALAPPUZHA DIST. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY RESPONDENTS: STATE & COMPLAINANT: --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, SOUTH POLICE STATION, ALAPPUZHA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3859 OF 2009 ------------------------------------------------------ Dated this the 16th 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.284 of 2009 of Alappuzha South Police Station. 2. The offence alleged against the petitioner is under Section 409 of the Indian Penal Code. 3. The prosecution case is that the accused, while working as Sub Post Master, withdrew amounts from the deposits belonging to two customers without their permission and knowledge and thereby committed the offence under Section 409 of the Indian Penal Code. It would appear that the depositors were making monthly contributions in the account. On maturity, the full amount payable to the depositors were paid by the Department. However, it was found that the petitioner had misappropriated amounts by withdrawing amounts from the account of the depositors. B.A. NO. 3859 OF 2009 :: 2 :: 4. Learned counsel for the petitioner submitted that departmental action was initiated against the petitioner in respect of similar instances and a punishment of reduction of pay was imposed on him. 5. Taking into account the peculiar facts and circumstances of the case and also the submission made by the learned counsel for the petitioner that the full amount was paid to the Department, 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 petitioner, the officer in charge of the police station shall release him on bail for a period of one month 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 appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; B.A. NO. 3859 OF 2009 :: 3 :: d) On the expiry of the period mentioned above or even before that period, the petitioner shall surrender before the Magistrate concerned and seek regular 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 ahz/