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. 4357 of 2009() --------------------------------------- CRMP.1672/2009 of DISTRICT COURT, KALPETTA CRIME NO.147/2009 OF MANANDAVADY POLICE STATION. .................... PETITIONER/ACCUSED NO.1: ---------------------------------------------- K.K.SADANANDAN, S/O.KUNHIRAMAN NAIR, PARATHATTIL HOUSE, DWARAKA, NALLOORNADU P.O., MANANDAVADY, WAYANAD DISTRICT. BY ADV. SRI.P.K.VARGHESE SRI.E.C.BINEESH RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 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. 4357 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 first accused in Crime No.147/2009 of Mananthavady Police Station. 2. The offences alleged against the petitioner are under Section 409 and 420 of the Indian penal Code. 3. The crime was registered on an information given by the president of the Mananthavady Taluk Employees Co-operative society Ltd.. The president of the society stated that 22 items of ornaments pledged in the bank were suspected to be spurious. On detailed examination, it was found that the ornaments were not made of gold. The society sustained a loss of Rs.12, 55,744/-. 4. The investigation reveals that the petitioner, who is the secretary of the society is also a qualified appraiser and he was acting as such at the time when the ornaments were pledged. It has come out in the investigation that several other persons also pledged ornaments as if they were gold ornaments B.A. No. 4357 /2009 Page numbers and the petitioner was the appraiser at the time of pledge of those articles as well. The F.I Statement would disclose that the society was having only limited resources and the very financial foundation of the society has been lost due to the loss of Rs.12, 55,744/-. 5. Taking into account all the facts and circumstances of the case, I am of the view that the petitioner is not entitled to any discretionary relief under Section 438 of the Code of Criminal Procedure Code. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm