Kerala High Court
Lizy Daniel vs State Of Kerala on 28 June, 2017
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 28TH DAY OF JUNE 2017/7TH ASHADHA, 1939
Bail Appl..No. 3722 of 2017 ()
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CRIME NO. 1026/2016 OF KOTTARAKKARA POLICE STATION , KOLLAM DISTRICT
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PETITIONER(S)/ACCUSED:
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1. LIZY DANIEL,
AGED 48 YEARS, W/O.DANIEL,
MAMPURACKAL VEEDU,
PLAPPALLY P.O, KOTTARAKARA VILLAGE,
KOLLAM DISTRICT.
2. DANIEL, AGED 50 YEARS,
MAMPURACKAL VEEDU, PLAPPALLYP.O,
KOTTARAKKARA VILLAGE, KOLLAM DISTRICT.
BY ADV. SRI.ALEXANDER GEORGE
RESPONDENT(S)/COMPLAINANT:
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1. STATE OF KERALA,
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031
2. THE SUB INSPECTOR OF POLICE,
KOTTARAKARA POLICE STATION,
KOLLAM DISTRICT-691 506
BY PUBLIC PROSECUTOR SRI.S.SAJJU
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 20-06-2017, THE COURT ON 28-06-2017 PASSED THE FOLLOWING:
sts
SUNIL THOMAS, J.
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B.A..No.3722 of 2017
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Dated this the 28th day of June, 2017
O R D E R
The accused in Crime No.1026/2016 of Kottarakara Police station for offences punishable under sections 406,408,418,420,425,468,471 read with section 34 of IPC.
2. According to the prosecution, while the first petitioner was working in a school run by the defacto complainant, she, in breach of the confidence reposed on her as the cashier, misappropriated an amount of Rs.67,12,938/- by committing fraud during the period 2012 - 2015. Thereby she caused loss to the institution. Complaint was laid and the crime was registered. Apprehending arrest, the petitioners seek bail. The second accused is the husband of the first accused.
3. It appears that, the first petitioner was the cashier of the residential school. It had commenced Plus Two course in 2012 -
13. According to the complainant, the total income of the school ought to be about two crores. The school was reported to be running at a loss, without generating the expected income. Getting suspicious, audit was conducted covering the period 2012 to 2015. The Chartered Accountant in his detailed report found that, on receipt of the fees by the cashier, computer generated receipts were issued. Thereafter, monthly entries in the cash book are entered into in a Tally software, in which the entire books of BA No.3722/2017 2 accounts are prepared. The fees so collected are accounted under respective heads. It was found that the details regarding the receipt of fee entered in the software were deleted. It was retrieved with the help of experts. The actual fees based on the strength of the students and other inputs were ascertained. It was noticed that there was a difference of Rs.1,77,2,628/- during the period 2012 - 2013, 1,68,3,810/- during the period 2013 - 2014 and Rs.3,25,6,500/- during the period 2014 - 2015. The deficit was Rs.6,7,12,938/-. According to the management, on a finding of discrepancies, the petitioners herein undertook to re-pay the substantial amount. Since it was not paid , a private complaint was laid and the crime was registered.
4. It is evident that the allegation against the petitioner herein is very serious. How and in what manner the amounts were misappropriated, the method in which the money was diverted and the involvement of other persons ,if any, are to be unearthed.
5. Having regard to the above, I feel that this is not a fit case for granting the benefit of pre arrest bail, which, if granted, may hamper the progress of the investigation .
Bail Application fails and is accordingly dismissed.
Sd/-
SUNIL THOMAS Judge dpk /true copy/ PS to Judge.
BA No.3722/2017 3