IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 Bail Appl..No. 2490 of 2009() ----------------------------------- CRIME NO.46/2008 OF EAST KALLADA POLICE STATION, KOLLAM PETITIONER/ACCUSED : ----------------------------- G.KARUNAKARAN NAIR,AGED 59 YEARS, S/O.GOVNDA PILLAI,THAKARAKKATTU VEEDU,NEDUVATHOOR, NEELESWARAM.PO,KOTTARAKKARA,KOLLAM. BY ADV. SRI.ALAN PAPALI RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA,(CRIME NO.46/2008, S.I.OF POLICE, EAST KALLADA POLICE STATION), REPRESENTEDBY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.T.B.HOOD THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.L. JOSEPH FRANCIS, J. ------------------------------------------------- B.A. No. 2490 OF 2009 -------------------------------------------------- Dated this the 12th day of May, 2009 O R D E R Heard both sides. 2. The petitioner is now arrayed as the sole accused in Crime No.46/2008 of East Kallada Police Station, Kollam alleging offences punishable under sections 403, 477 A, 408, 409, 418 of the Indian Penal Code and section 94(8) of Kerala Co-operative Societies Act. 3. The prosecution allegation is that, while working as Secretary of Mandrothuruth Service Co-operative Bank Ltd. No.3977 cheated the Bank by misappropriating amounts and while only Rs.1,21,292.50 was in the P.F. Account of the accused, the accused have taken a loan of Rs.2,75,000/- from the P.F. Account, paid an amount of Rs.83,088.39 while only an amount of Rs.80,750.40 was due to the retired Salesman Sri.N. Sugunan. Regarding the deposit of Provident Fund also paid an amount of Rs.1,53,085/- while only an amount of Rs.1,46,812.50/- was due as Gratuity on retirement of Salesman Sri.Sugunan and B.A.2490/09 2 also has paid Rs.3,000/- as Advocate Fees and paid Rs.1,000/- to the Co-operative Association and thus the accused caused a loss of Rs.3,57,132.99 which was revealed during the audit of 2005- 2006 and hence the accused has committed the above offences. The petitioner is apprehending arrest in connection with Crime No.46/2008 of East Kallada Police Station, Kollam. Since the case is pertaining to examination of documents, custodial interrogation is not necessary. Investigation is almost over. Hence this petition is allowed. It is hereby directed that in the event of arrest of the petitioner in connection with the above case, the petitioner shall be released on bail on executing a bond for Rs.25,000/- with two solvent sureties for a like sum to the satisfaction of the officer effecting arrest. The petitioner is directed to appear before the Investigating Officer as and when required by the Investigating Officer. M.L. JOSEPH FRANCIS, JUDGE. okb