IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Bail Appl..No. 4240 of 2009 CRIME NO.462 OF 2009 OF TOWN EAST POLICE STATION, THRISSUR APPLICANTS/ACCUSED NO.3 & 4 ----------------------------------------------- 1. V.T.ANILDAS, AGED 45 YEARS,S/O.THANKAPPAN, VELLANGALLOOR HOUSE,CHAKKAMUKKU, POONKUNNAM,THRISSUR. 2. V.T.SUNILDAS, AGED 37 YEARS,S/O.THANKAPPAN, VELLANGALLOOR HOUSE,CHAKKAMUKKU, POONKUNNAM,THRISSUR. BY ADV. SRI.K.A.SATHEESA BABU RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, THRISSUR TOWN EAST POLICE STATION, THRISSUR,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4240 OF 2009 ------------------------------------------------------ Dated this the 3rd August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.3 and 4 in Crime No.462 of 2009 of the Town East Police Station. 2. The offences alleged against the accused persons are under Sections 406, 409, 467 and 420 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the first accused, who was an Appraiser working in Thrissur Town Co-operative Credit Society Limited, pledged rolled gold ornaments, as if they are gold ornaments, in the Bank on 48 occasions and obtained a sum of Rs.6,95,900/-. Similarly, he pledged rolled gold ornaments on several occasions in the names of accused Nos.3 and 4, who are his brothers-in-law and got huge amounts from the Bank causing loss to the Bank and making wrongful gain. Learned counsel for the petitioners submitted that there is nothing to connect the petitioners with the offence and that they were falsely implicated in the case. B.A. NO. 4240 OF 2009 :: 2 :: 4. Learned Public Prosecutor submitted that without the knowledge or consent of the petitioners, the offence would not take place as only members would be allowed to transact business with the Bank. Accused Nos.3 and 4 are members and without their membership card, nothing could be done in the Bank. Learned Public Prosecutor also submitted that the investigation clearly revealed that accused Nos.3 and 4 were actively involved in the offence and thereby they made wrongful gain causing loss to the Bank. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioners, I am of the view that the petitioners are not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/