IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1717 of 2008() ----------------------------- CRIME NO.40/08 OF SHOORANAD POLICE STATION PETITIONER --------------------------- K.SHAJI, THACHANTAZHIKATHU VEEDU IVERKALA, NADUVIL, PUTHANAMBALAM P.O., KUNNATHUR, KOLLAM DISTRICT. BY ADV. SRI.SALIM V.S. SRI.RAFFEEKH.K RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE,SHOORANAD POLICE STATION, SHOORANAD, KOLLAM. 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1717 of 2008 ------------------------------------------------- Dated this the 25th day of March, 2008 ORDER Application for anticipatory bail. The petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under Secs.409 and 468 of the IPC. The alleged offence was committed during the period from 24/10/07 to 31/12/07. The de facto complainant is a fresh inexperienced Medical Officer in the Primary Health Centre. In the absence of the Clerk to assist the Doctor, the petitioner was depended upon by the Doctor. The crux of the allegations is that the petitioner had misutilised 6 cheques and had siphoned out the funds from the account of the Primary Health Centre. In two such cheques, the Medical Officer had affixed her signature. In the remaining 4 of the signatures were forged. Amounts were withdrawn from the account; but the amounts were not B.A. No. 1717 of 2008 -: 2 :- brought into account. Thus, misappropriation and forgery are allegedly committed by the petitioner. A total amount of Rs.1,32,700/- was so siphoned out of the funds of the Primary Health Centre. A crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. No cheque was forged. All amounts withdrawn were entrusted to the Doctor of the Primary Health Centure. The petitioner is not guilty of any misappropriation or forgery, it is contended. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that all available indications do reveal the complicity of the petitioner. The petitioner does not deserve to be granted anticipatory bail. He may be directed to surrender and seek regular bail, submits the learned Public Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I find no features in this case which can justify or warrant the invocation of the extraordinary equitable discretion under Sec.438 of the Cr.P.C. This, I agree with the learned Public Prosecutor, is a fit case where the petitioner must surrender before the B.A. No. 1717 of 2008 -: 3 :- Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail in the normal and usual course. 5. In the result, this bail application is dismissed; but with the observation that if the petitioner surrenders before the Investigating Officer or the learned Magistrate and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge