Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 1ST DAY OF FEBRUARY 2013 12TH MAGHA 193 Bail Appl..No. 646 of 2013 () ----------------------------- CRIME NO. 1444/2012 OF KASARAGOD POLICE STATION , KASARGOD ACCUSED(S)/ACCUSED: ------------------------------------ ABY K. AGED 3 YEARS S/O. LATE KAMALASANAN,KOLLAMMADATHU HOUSE MARARIKKULAM NORTH PANCHAYATH,15/492,ALAPPUZHA. BY ADV. SRI.M.K.PRADEEPKUMAR COMPLAINANT(S)/COMPLAINANT : -------------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. (SUB INSPECTOR (STATION HOUSING OFFICER) KASARAGOD POLICE STATION). BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-02-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ds P.BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 646 OF 201.- - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 01st day of February, 2013 ORDER
Petitioner is the accused in Crime No.1444/2012 of Kasaragod Police Station who is alleged to have committed offences under Sections 409, 468, 471 and 420 of IPC.
2. The allegation against the petitioner is that on audit of the account it was found that amount of Rs. 9,04,875/- has been misappropriated. Superintendent of the concerned institution pointed out that at the relevant time petitioner was in charge of the section and that he is suspected to be forged the signature of the superior officer and misappropriated the account.
3. The petitioner would say that he is innocent and falsely implicated. According to him he had not committed any act. It is also pointed out that the bank had passed relevant cheques which shows no difference in the signature B.A.No.646/2013 -2- of the drawer. It is further pointed out that petitioner has been in custody from 15.11.2012 the his continued custody is unnecessary.
4. Learned Public Prosecutor opposed the petition and pointed out that investigation is still going on and prima facie materials available would show the involvement of the petitioner.
5. After having heard the learned counsel for the petitioner and learned Public Prosecutor and perused the records it is difficult to accept the claim of the petitioner that he is innocent and has been falsely implicated. At any rate in view of the fact that he was the staff of the section at the relevant time, the allegation against him is that he had forged the signature of the superior, manipulated the records and misappropriated the amount made mentioned of earlier. The allegations are indeed serious and grave and from the records now available, it cannot be said that the petitioner is innocent. B.A.No.646/2013 -3- Considering the nature of allegations of the petitioner, manner in which the offence is committed and also the fact that the amount involved is considerable, this Court feels that it may not be appropriate to release the petitioner now on bail. The petition is accordingly dismissed. Sd/- P.BHAVADASAN, JUDGE ds //TRUE COPY// P.A. TO JUDGE