Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 27TH DAY OF FEBRUARY 2023 / 8TH PHALGUNA, 1944 BAIL APPL. NO. 1356 OF 2023 CRIME NO.1916/2022 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM DISTRICT PETITIONER/ACCUSED: AMRITHA AGED 26 YEARS W/O SUJITH, KARUVELIL HOUSE, KUNDANOOR, MARADU P.O., ERNAKULAM, PIN - 682304 BY ADVS. SHABU SREEDHARAN SIDHARTHAN V.K. S.DHEERENDRAKUMAR ABDUL HAMEED (NALAKATH) GOKUL R.NAIR S.SIVACHALAM RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY SR. PUBLIC PROSECUTOR SRI.P G MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 1356 OF 2023 2
ORDER
Dated this the 27th day of February 2023 This is an application for anticipatory bail, filed by the sole accused in Crime No.1916/2022 of Ernakulam Central Police Station.
2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.
3. I have perused the relevant documents.
4. The crux of the prosecution allegation is confined to
misappropriation of Rs.21,12,020/- (Rupees Twenty One Lakh Twelve Thousand and Twenty only) by the petitioner herein, while working as contract staff in Indus Ind Bank credit card section at M.G.Road, Ernakulam. The specific allegation is that, the petitioner herein, who worked as contract staff from 4.11.2021 to 28.9.2022, with intention to cheat and defraud the bank as well as the credit card customers, with offer to upgrade the credit cards limit of various customers of the bank, obtained OTP from the respective customers and by misusing the same, Rs.21,12,020/- (Rupees
BAIL APPL. NO. 1356 OF 2023 3 Twenty One Lakh Twelve Thousand and Twenty only) was misappropriated, belonging to the Idus Ind Bank credit card customers. It is on this premise, the prosecution alleges commission of offences punishable under Sections 406, 409 and 420 of the Indian Penal Code.
5. The learned counsel for the petitioner would submit that the
petitioner is innocent and the allegations are false. According to him, the petitioner herself lodged a complaint before the Ernakulam Central Police Station as on 21.10.2022, stating that, one Nifin deposited Rs.80,000/- (Rupees Eighty Thousand only) as Fixed Deposit, on offer to grant 7% interest. Thereafter, she was forced to give 7% interest to the said Nifin from her salary, and thereafter, he had deposited Rs.1 Lakh, Rs.2 Lakh etc., and demanded the said interest and the amount mounted to Rs.9,00,000/- (Rupees Nine Lakh only). Since the money claimed by Nifin could not be given, she did not give the money. The learned counsel for the petitioner also submitted that the petitioner did not commit any crime, as alleged and she faced with the situation narrated in the complaint and nothing more. Therefore, the petitioner is liable to be released on bail.
6. On perusal of the averments in Annexure 2 complaint itself, some sort of malpractice, at the instance of the petitioner, could be gathered. How
BAIL APPL. NO. 1356 OF 2023 4 a contract staff dealt with credit card section could collect deposit, offering interest, since deposit and credit card dealings are separate functions, not interconnected, is a matter of serious doubt. Since the prosecution raised serious allegations against the petitioner herein, the petitioner's arrest, custodial interrogation and investigation, regarding the way, in which, the money was misappropriated, are absolutely essential. In such a case, grant of anticipatory bail would hamper the investigation.
For the above reasons, the bail application stands dismissed. Sd/- A. BADHARUDEEN JUDGE Bb //TRUE COPY// PA TO JUDGE