IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 Bail Appl..No. 1861 of 2009() --------------------------------------- CRIME NO. 76/2008 OF THE VANCHIYOOR POLICE STATION .................... PETITIONER (S): ACCUSED -------------------- S.RAJASEKHARAN NAIR, S/O. SOMAN THAMPI, VADAKKATHIL THENNOORKONAM, SRK, TRAC 37, NETTAYAM, THIRUVANANTHAPURAM. BY ADV. MR.C.C.PADMAKUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.K.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. ------------------------------- Bail Application No. 1861 of 2009 ------------------------------- Dated this the 21st day of April, 2009. O R D E R In this Petition filed under Sec. 438 Cr.P.C., the petitioner, who is the accused in Crime No.76/2008 of Vanchiyoor Police Station for offences punishable under Sections 408 and 420 I.P.C., seeks anticipatory Bail. 2. The case of the prosecution is that during 2005, while the accused was working as Bill Collector of the Bank, collected the amounts from the customers and thereafter, he had not remitted the same in the bank and misappropriated the same for his purpose and an amount of Rs.2,75,785/- was so collected by him and thereby he had committed the offence punishable under Sections 408 and 420 of the I.P.C. 3. The learned Public Prosecutor opposed the application. 4. Anticipatory bail cannot be granted in a case involving such grave offence. It is too early to accept the petitioner's contention that the petitioner has been falsely implicated. There is no reason why the petitioner should not surrender before the magistrate concerned and seek regular bail. Accordingly, If the petitioner surrenders before the Magistrate concerned within two weeks from today and files an application for regular bail, the BA NO.1861 OF 2009 :-2-: same shall be considered and disposed of preferably on the same day on which it is filed. With the above observation, this Application is disposed of. V.K.MOHANAN, JUDGE MBS/