Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH THURSDAY, THE3D DAY OF JULY2014/12TH ASHADHA, 1936 Bail Appl..No. 4512 of 2014 () ------------------------------- CRIME NO. 632/2014 OF PAVARATTY POLICE STATION ,THRISSUR DISTRICT --------------------------- APPLICANT/ACCUSED: ----------------------------------------- SUMESH P.V., AGED33YEARS, S/O.MURALI, PATTARUPATTU VADAKKOTT HOUSE, KANNATH LANE, AYYANTHOLE P.O., THRISSUR DISTRICT. BY ADVS.SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA SRI.K.D.SREEVISAKH RESPONDENT/STATE: -------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0307-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P. JOSEPH, J.
----------------------------- Bail Appl.No. 4512 of 2014 () ---------------------------------------- Dated this the 3rd day of July, 2014 ORDER
Petitioner is accused in Crime No.632 of 2014 of the Pavaratty Police Station for the offences punishable under Sections 465 & 420 of the Indian Penal Code, apprehends arrest and has filed the application. 2.Learned Public Prosecutor has opposed the application. It is submitted that the petitioner, while working as manager of 'Nanma stores' under the Consumer Fed, misappropriated `1,22,904 by forging Bank chalans and the stock register. 3.Learned counsel submits that the allegations are not true. 4.In the nature of the allegations involved, interrogation of the petitioner is required. I am inclined to think that the custodial interrogation of the petitioner is not required. Hence, I am inclined to grant relief but subject to conditions including deposit of the amount involved. The application is allowed as under : Bail Appl.No. 4512 of 2014 () 2 1. Petitioner shall surrender before the officer investigating Crime No.632 of 2014 of the Pavaratty Police Station on 14.07.2014 at about 10.00 a.m.
2. In case interrogation is not completed that day, the petitioner shall appear before the officer investigating the case on any other day/days and time as directed by the investigating officer.
3. Petitioner shall co-operate with investigation of the case.
4. It is open to the investigating officer to collect the specimen handwriting, signature etc. of the petitioner for comparison with the disputed handwriting/signature etc.
5. In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day.
6. On such production, the petitioner shall be released on bail, if not required to be detained otherwise on his executing bond for `25,000/- (Rupees twenty five thousand Bail Appl.No. 4512 of 2014 () 3 only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions : a. One of the sureties shall be a close relative of the petitioner . b. Petitioner shall deposit `1,50,000/- (Rupees one lakh fifty thousand only) in a nationalised/Scheduled bank or co-operative society as the case may be, initially for a period of two years (renewable as per order of the learned Magistrate) and produce the Fixed Deposit receipt before the learned magistrate while executing the bail bond. c. In case the petitioner is made liable to pay compensation to the de facto complainant, such compensation the extent possible could be realised from the amount in deposit. d. Petitioner shall report to the investigating officer as and when required . Bail Appl.No. 4512 of 2014 () 4 e. Petitioner shall not get involved in any offence during the period of this bail. f. Petitioner shall not intimidate or influence the witnesses. g. In case any of condition Nos.(d) to (f) is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in P.K.Shaji v.State of Kerala [AIR 2006 SC100. Sd/- THOMAS P. JOSEPH JUDGE AMV /TRUE COPY/ P.A.TO JUDGE