IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 Bail Appl..No. 5753 of 2009() ----------------------------- CRMP.2739/2009 of DISTRICT COURT, PALAKKAD CRIME NO.299/2009 OF PATTAMBI POLICE STATION, PALAKKAD. .................... PETITIONER/ACCUSED: -------------------------------------- M.RAJEEV, S/O.M.GOPALAN, SAJITHA NIVAS, THIRUVEGAPPURA, OTTAPALAM, PALAKKAD. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.A.HAROON RASHEED RESPONDENTS/ STATE AND COMPLAINANT: ------------------------------------------------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION, PATTAMBI, PALAKKAD DISTRICT, (CRIME NO.299/2009). SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5753 of 2009 ------------------------------------ Dated this the 5th day of February, 2010 O R D E R When the Bail Application came up for hearing on 20/01/2010, the following order was passed: “This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.299 of 2009 of Pattambi Police Station, Palakkad District. 2. The offence alleged against the petitioner is under Section 409 of the Indian Penal Code. 3. The crime was registered on the basis of a petition filed by the Assistant Superintendent of Posts, Pattambi Sub Division. The petitioner was working as Gramin Dak Sevak Branch Postmaster, Vilathur. The allegation is that the petitioner committed fraud in the savings bank account of the customers and misappropriated a sum of Rs.15,650/-. The petition disclosed the details in respect of misappropriation regarding three savings bank accounts. On subsequent verification, it was found that a total sum of Rs.1,18,296/- was misappropriated. It is alleged that the petitioner is also responsible for the same. Disciplinary B.A. No. 5753 / 2009 2 proceedings were initiated against the petitioner. It is submitted by the learned counsel for the petitioner that the disciplinary proceedings relate to misappropriation of a sum of Rs.15,650/- only. The misappropriation, according to the prosecution, was during the period from 8.7.2008 to 6.7.2009. 4. Learned counsel for the petitioner submitted that, to avoid any controversy, a sum of Rs.1,18,296/- was deposited by the father of the petitioner. The learned Public Prosecutor submitted that such a deposit was made and the claims of the depositors concerned were settled. 5. Taking into account the peculiar facts and circumstances of the case, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 AM on 27th and 28th January, 2010. The petitioner shall produce a copy of the order before the investigating officer. Post on 3rd February, 2010. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.299 of 2009 of Pattambi Police Station, Palakkad District.” B.A. No. 5753 / 2009 3 2. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the petitioner has complied with the direction contained in the order dated 20/01/2010. 3. 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.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M. on alternate Sundays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. B.A. No. 5753 / 2009 4 E) 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