Kerala High Court
Salin S vs State Of Kerala on 25 November, 2016
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH
FRIDAY, THE 25TH DAY OF NOVEMBER 2016/4TH AGRAHAYANA, 1938
Bail Appl..No. 8016 of 2016 ()
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CRIME NO. 1493/2016 OF KUNNICODE POLICE STATION, KOLLAM
PETITIONER(S)/ACCUSED:
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SALIN S.,
AGED 37 YEARS, S/O.SASIDHARAN PILLAI,
LEELA BHAVAN, KANNIMMEL, PATTAZHY,
PATHANAPURAM, KOLLAM DISTRICT.
BY ADVS.SRI.MANOJ RAMASWAMY
SMT.SANJANA R.NAIR
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. SUB INSPECTOR OF POLICE,
KUNNICODE POLICE STATION,
KOLLAM DISTRICT - 691508.
* ADDITIONAL R3 IMPLEADED
3. AJITHKUMAR, AGED 0 YEARS,
S/O. VASUDEVA KURUP, BINDU BHAVANAM,
NEAR POST OFFICE, PATTAZHY P.O.,
NOW WORKING AS SECRETARY, PRATHEEKSHA
CONSUMER AND CHARITABLE SOCIETY,
PATTAZHI, KOLLAM.
* ADDITIONAL R3 IS IMPLEADED AS PER ORDER DTD. 25.11.2016 IN
CRL.M.A.NO.12276/2016
R1-R2 BY PUBLIC PROSECUTOR SRI. RAMESH CHAND
ADL. R3. BY ADV. SRI.S.ABHILASH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 25-11-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
SKG
K.P. JYOTHINDRANATH, J.
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B.A. No.8016 of 2016
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Dated this the 25th day of November, 2016
O R D E R
This is an application filed under Section 438 of Cr.P.C.
2. When the petition came up for hearing, the learned counsel for the petitioner submitted before me that there is a society namely Prathiksha Charitable Society. Earlier the petitioner was the Secretary of the same. It is the submission that the allegation is that the petitioner misappropriated Rs.9,350/- as well as Rs.19,350/- from the said society and thereby committed an offence under Section 420 as well as under Section 406 IPC. The crime is registered upon a complaint forwarded under Section 156(3) of Cr.P.C. It is the submission that the petitioner had not committed any offence. It is also submitted that after consultation with legal brains, the persons who are on enemical terms with the petitioner filed a complaint before the magistrate with ulterior motive and got registered the crime. As the police is bound to register a crime on a B.A. No.8016 of 2016 -2- forwarded complaint, they registered the crime.
3. I have heard the learned Public Prosecutor who submitted before me that now it is only under the investigation stage and if an anticipatory bail is granted, it will adversely affect the investigation.
4. The learned counsel appearing for the victim submitted before me that in this case, apart from this crime there are other registered crimes also against the petitioner.
5. It is further submitted that here is a case where forgery is committed to misappropriate the amounts. Under such circumstances interrogation is highly necessary and granting of anticipatory bail will adversely affect the investigation.
6. In this case it is evident that the crime is registered upon a private complaint forwarded under Section 156 (3) of Cr.P.C. The allegation is that he had committed forgery and thereon misappropriated the money. Keeping in mind that the said aspect can be proved by B.A. No.8016 of 2016 -3- documents and also keeping in mind that the defacto complainant is now the Secretary of the said institution, a custodial interrogation of the petitioner is not warranted. Under such circumstances, this anticipatory bail application is allowed on the following conditions:
The petitioner shall appear before the Investigating Officer within ten days of this order. On such appearance, the investigating officer is at liberty to interrogate the petitioner. After interrogation, if the police officer feels that this is a case where arrest is necessary, he is at liberty to arrest the petitioner. Thereafter, the petitioner shall be released on bail on the following conditions :
1. The petitioner shall execute a bond for Rs.25,000/-
with two solvent sureties each for the like sum to the satisfaction of the officer concerned.
2. The petitioner shall appear before the Investigating Officer on all Wednesdays and Saturdays in between 10 a.m. and 12 noon for a period of two months.
3. The petitioner shall not influence or intimidate the B.A. No.8016 of 2016 -4- witnesses.
4. The petitioner shall co-operate with the investigation.
If the learned Public Prosecutor/investigating officer files an application under Section 311A of Cr.P.C. the petitioner shall co-operate with the same.
Violation of any of the condition will entail cancellation of this bail.
Sd/-
K.P. JYOTHINDRANATH JUDGE //True copy// P.A. TO JUDGE shg/