IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 Bail Appl..No. 3011 of 2010() ----------------------------- CRIME NO.266/09 OF KANJIRAPPALLY POLICE STATION, KOTTAYAM PETITIONER (S): -------------------- SABU POOTHAKUZHI, POOTHAKUZHI HOUSE, KANJIRAPPALLY KARA, KANJIRAPPALLY TALUK. BY ADV. SRI.JOHNSON MANAYANI RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, KANJIRAPPALLY POLICE STATION, KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3011 of 2010 ---------------------------------------------- Dated 5th July, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 409 and 420 read with Section 34 of the Indian Penal Code. Petitioner was the Secretary of a Housing Co-operative Society during the period from 6.6.1980 to 1.4.1996. The Society used to avail loan from the Government for house construction and the amounts were distributed to the members of the Society for house construction. The amounts which are collected from the members are to be repaid to the Government. But, during the relevant period, the amounts were not repaid, but those were misappropriated by accused nos.1 to 14. Petitioner is the first accused. 3. Learned counsel for petitioner submitted that petitioner was working as Secretary of the Society and now he is retired. He has been acting only in accordance with the decision taken by the committee. He has not personally committed any offence. Petitioner sought for an opportunity to appear before the Investigating Officer and explain his innocence. He was directed BA NO.3011/10 2 to appear before the Investigating Officer and he obeyed with the direction. He was questioned by the Investigating Officer. This petition is not opposed. 4. On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioner. Hence, the following order is passed : (1) Petitioner, in the event of his arrest, shall be released on bail, on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Arresting Officer on condition that he shall report before the Investigating Officer as and when directed and co-operate with the investigation. (2) This order will be in force only for a period of one month from today. Petitioner shall seek regular bail from the court concerned, within such period. Petition is allowed. K.HEMA, JUDGE. tgs