IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 Bail Appl..No. 4377 of 2009() --------------------------------------- CRIME NO.793/2008 OF THIRUVALLA POLICE STATION. PETITIONER/ACCUSED: --------------------------------------- G.JOSHY, LD CLERK, TALUK SUPPLY OFFICE, NEDUMANGAD. BY ADV. SRI.A.RAJASIMHAN RESPONDENT/COMPLAINANT: -------------------------------------------- SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KRALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4377 of 2009 ------------------------------------ Dated this the 7th day of August, 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.793/2008 of Thiruvalla Police Station. 2. The offence alleged against the petitioner is under Section 409 of the Indian Penal Code. 3. The prosecution case is that while the petitioner was working as Shop Manager of the Maveli Medical Store, there was a shortage in the stock amounting to Rs.42, 594/-. It is also alleged that the petitioner had purchased medicines from one Matha Drug House, which was not accounted. Subsequently, Matha Drug House demanded the amount. Since it was not accounted, the amount could not be paid and they were directed to resort to appropriate remedy. The period during which the deficit stock was found is from 1/04/2007 to 4/04/2008. 4. The learned counsel for the petitioner submitted B.A. No. 4377/ 2009 Page numbers that the petitioner had sent a detailed reply to the notice issued by Additional General Manager, Supplyco, Head Office, Ernakulam, in which he has explained as to how the variation of the stock happened. It is submitted that he has not misappropriated any amount and no loss was occasioned to the Civil Supplies Corporation. For the purpose of disposal of this Bail Application, it is not necessary to arrive at any finding on these aspects. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, 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 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 B.A. No. 4377/ 2009 Page numbers prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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 scm