IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 Bail Appl..No. 7092 of 2008(B) ------------------------------------- CRIME NO.602/2008 OF FORT POLICE STATION, THIRUVANANTHAPURAM PETITIONER/ACCUSED : ----------------------------- V.SATHEESAN, S/O. VAMADEVAN, AGED 46 YEARS, T.C.43/1064, ASWATHY BHAVANAM MANAKKAD P.O.,THIRUVANANTHAPURAM. BY ADV. SRI.GEORGE POONTHOTTAM SRI.P.SUBAIR KUNJU RESPONDENTS/COMPLAINANT : -------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTORM HIGH COURT OF KERALA ERNAKULAM. 2. STATION HOUSE OFFICER, FORT POLICE STATION,THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.7092 OF 2008 -------------------------------- Dated this the 6th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 381, 403, 406, 408, 409 and 418 of I.P.C. According to prosecution, petitioner was the Secretary of a Co-operative Society and he had committed various offences by allowing account holders to withdraw more amount than which are in the accounts and thereby the Society sustained a huge loss to the tune of more than Rs.5 Lakhs. He also allowed to transfer amounts which are not available in the account to the account of another person. 3. Learned counsel for petitioner submitted that the allegations are baseless. The defacto complainant was an employee in the Society and his employment was terminated in the year 2001. Thereafter, he was giving false complaint against petitioner. Two crimes were registered against petitioner on the basis of a complaint made by the defacto complainant alleging assault on his relatives. Petitioner has B.A.No.7092 of 2008 2 not committed any offence. Hence, anticipatory bail may be granted, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that the allegations made against petitioner are serious in nature. An enquiry was conducted under Section 68 of the Kerala Co-operative Societies Act against petitioner and all the allegations made against him were found to be correct. Petitioner is required for investigation. The crime is registered as early as on 14.10.2008 and petitioner may be directed to surrender before the Investigating Officer for investigation. On hearing both sides and on considering the serious nature of allegations made, I am satisfied that this is not a fit case to grant anticipatory bail. Petitioner's interrogation is required for ascertaining various facts which are within his exclusive knowledge. The crime is registered as early as on 14.10.2008 and petitioner has not surrendered either before the court or before the police. Hence, the following order is passed : B.A.No.7092 of 2008 3 i) Petitioner shall surrender before the investigating officer forthwith and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. ii) No further application for anticipatory bail by petitioner in this crime will be entertained by this court. The petition is dismissed. K.HEMA, JUDGE pac