P.R.Venugopal Vs. Sub Inspector of Police - Court Judgment

SooperKanoon Citationsooperkanoon.com/1142634
CourtKerala High Court
Decided OnMay-29-2014
JudgeHONOURABLE MR.JUSTICE THOMAS P.JOSEPH
AppellantP.R.Venugopal
RespondentSub Inspector of Police
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice thomas p.joseph thursday, the29h dayof may20148th jyaishta, 1936 bail appl..no. 3149 of 2014 ------------------------------- crime no. 522/2014 of kottarakkara police station , kollam ... petitioner/accused no.4: -------------------------------------------- p.r.venugopal,aged51years, s/o.remadevan pillai, secretary under suspension, thamarakkudy service co-operative bank ltd no.2815, thamarakkudy p.o,residing at 'sreerangom', mylom p.o., kottarakkara, kollam district. by adv. sri.unni. k.k. (ezhumattoor) respondents: ---------------------------- 1. sub inspector of police, kottarakkara police station, kollam district. 686 108.2. state of kerala, represented by public prosecutor, high court of kerala, ernakulam. r1 & r2 by public prosecutor smt. laliza this bail application having come up for admission on2905-2014, the court on the same day passed the following: kss thomas p. joseph, j.----------------------------- bail appl.no.3149 of 2014 () ---------------------------------------- dated this the 29th day of may, 2014 order petitioner is the 4th accused in crime no.522 of 2014 of the kottarakkara police station for the offence punishable under sections 465, 468, 471, 120b read with 34 of the indian penal code, apprehends arrest and has filed the application. 2.it is submitted that in june 2006, the society in question invited applications to the post of peon, attendant etc. and after written examination and other formalities, rank lists were published. the first accused figured as the second rank holder in the list of peons and third rank holder in the list of attendants. the further allegation is that the petitioner and other accused, pursuant to a conspiracy corrected minutes of the society and appointed the first accused as peon. the petitioner in his capacity as manager of mylom branch of the society forged receipt for `10,000/- stating that bail appl.no.3149 of 2014 () 2 the said amount was transferred from the account of the first accused to the society as security for the appointment. there is a further allegation that the petitioner issued forged letter dated 22.07.2010 regarding dismissal of the first accused. 3.the learned counsel submits that the allegations are not true. according to the learned counsel, the appointment was made by the president of the society who had verified the records. it is submitted that the authority concerned later approved appointment of the first accused. 4.in the nature of allegation made, i am inclined to think the interrogation of the petitioner is required. there could not be no blanket order of pre-arrest bail. in the circumstances the application is disposed of as under : a the petitioner shall surrender before the officer investigating the case on bail appl.no.3149 of 2014 () 3 09.06.2014. b.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. c. it is open to the petitioner to produce all the relevant records before the investigating officer and relating to the matter under enquiry. d.in case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day, where it is open for the petitioner to request for regular bail with intimation given to the assistant public prosecutor concerned at least three working days in advance. e. if custody of the petitioner is bail appl.no.3149 of 2014 () 4 required for any purpose, the investigating officer can move application for the purpose. f. learned magistrate shall dispose of the application(s) as provided under law as early as possible. sd/- thomas p. joseph judge amv /true copy/ p.a.to judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH THURSDAY, THE29H DAYOF MAY20148TH JYAISHTA, 1936 Bail Appl..No. 3149 of 2014 ------------------------------- CRIME NO. 522/2014 OF KOTTARAKKARA POLICE STATION , KOLLAM ... PETITIONER/ACCUSED NO.4: -------------------------------------------- P.R.VENUGOPAL,AGED51YEARS, S/O.REMADEVAN PILLAI, SECRETARY UNDER SUSPENSION, THAMARAKKUDY SERVICE CO-OPERATIVE BANK LTD NO.2815, THAMARAKKUDY P.O,RESIDING AT 'SREERANGOM', MYLOM P.O., KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENTS: ---------------------------- 1. SUB INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT. 686 108.

2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SMT. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2905-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J.

----------------------------- Bail Appl.No.3149 of 2014 () ---------------------------------------- Dated this the 29th day of May, 2014 ORDER

Petitioner is the 4th accused in Crime No.522 of 2014 of the Kottarakkara Police station for the offence punishable under Sections 465, 468, 471, 120B read with 34 of the Indian Penal Code, apprehends arrest and has filed the application. 2.It is submitted that in June 2006, the society in question invited applications to the post of peon, attendant etc. and after written examination and other formalities, rank lists were published. The first accused figured as the second rank holder in the list of peons and third rank holder in the list of attendants. The further allegation is that the petitioner and other accused, pursuant to a conspiracy corrected minutes of the society and appointed the first accused as peon. The petitioner in his capacity as manager of Mylom branch of the society forged receipt for `10,000/- stating that Bail Appl.No.3149 of 2014 () 2 the said amount was transferred from the account of the first accused to the society as security for the appointment. There is a further allegation that the petitioner issued forged letter dated 22.07.2010 regarding dismissal of the first accused. 3.The learned counsel submits that the allegations are not true. According to the learned counsel, the appointment was made by the president of the society who had verified the records. It is submitted that the authority concerned later approved appointment of the first accused. 4.In the nature of allegation made, I am inclined to think the interrogation of the petitioner is required. There could not be no blanket order of pre-arrest bail. In the circumstances the application is disposed of as under : a The petitioner shall surrender before the officer investigating the case on Bail Appl.No.3149 of 2014 () 3 09.06.2014. b.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. c. It is open to the petitioner to produce all the relevant records before the investigating officer and relating to the matter under enquiry. d.In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day, where it is open for the petitioner to request for regular bail with intimation given to the Assistant Public Prosecutor concerned at least three working days in advance. e. If custody of the petitioner is Bail Appl.No.3149 of 2014 () 4 required for any purpose, the investigating officer can move application for the purpose. f. Learned Magistrate shall dispose of the application(s) as provided under law as early as possible. Sd/- THOMAS P. JOSEPH JUDGE AMV /TRUE COPY/ P.A.TO JUDGE