IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 Bail Appl..No. 7049 of 2008() ----------------------------- CRIME NO.716/08 OF MANJERI POLICE STATION PETITIONER/ACCUSED -------------------------------------- SIVASUNDARAN K.,S/O.CHELLI, KARIYAKOTTIL HOUSE, PAPPINIPARA, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MANJERI POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7049 of 2008 ----------------------------------------- Dated this the 2nd February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 409 of the Indian Penal Code. A crime is registered gainst petitioner, who is a former UD Clerk on the basis of a complaint given by the District Judge based on a report of the Additional District and Sessions Judge, Ad-hoc-II, who found out certain irregularities in the acquaintance register regarding the disbursement of salary and remittance of co-operative dues in respect of petitioner and thereby he committed the grave offence of criminal misappropriation and falsification of account. 3. Learned counsel for petitioner submitted that petitioner is a UD Clerk, who stood as surety and Rs.1500 + Rs.1000 is to be deducted from his salary towards the dues to two banks. In remitting the dues there was delay and hence, he is charged with the offence of criminal misappropriation and falsification of accounts. The mere delay in remitting the amount cannot amount to the grave offence under Section 409 BA.7049/08 2 IPC, it is submitted. The only allegation in the complaint is that petitioner is in charge of a cash book and acquaintance register during the relevant period, but there is nothing to show in the complaint that he was entrusted with the money and he has misappropriated the same, it is submitted. The petitioner was not in charge of disbursing salary and he cannot misappropriate any funds. The irregularities, if any, noted in making entries in the register by themselves, will not amount to misappropriation, it is submitted. Petitioner is already under suspension and hence, he may be granted anticipatory bail, it is submitted. It is also submitted that petitioner is in service for a very long period and he is aged 50 years and so far no complaint is levelled against petitioner in his entire career. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner has misappropriated government money and it is not a fit case to grant anticipatory bail . 5. On hearing both sides, I am satisfied that petitioner has a strong defence to put forward regarding entrustment and maintainability of complaint under Section 409 IPC relating to BA.7049/08 3 entrustment etc. If petitioner is remanded, it will result in grave injustice and petitioner will suffer irreparable injury and loss if ultimately, it is found that offence under Section 409 IPC will not lie, as argued. In the above circumstances, the following order is passed: Petitioner shall surrender before the Magistrate Court concerned within seven days from today and he 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 Magistrate Court concerned, on the following conditions: i) Petitioner shall report before the investigating officer within three days of his release on bail and he shall report before him as and when directed and co-operate with investigation. ii). Petitioner shall not influence or intimidate any witness or commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.