N.V.Vipin vs The Station House Officer on 1 November, 2018

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Kerala High Court

N.V.Vipin vs The Station House Officer on 1 November, 2018

Bench: V Raja Vijayaraghavan

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

  THURSDAY ,THE 01ST DAY OF NOVEMBER 2018 / 10TH KARTHIKA, 1940

                      Bail Appl..No. 5627 of 2018

    CRIME NO. 263/2018 OF Nadapuram Police Station , Kozhikode



PETITIONER/ACCUSED:


             N.V.VIPIN, S/O. VENUGOPALAN,
             MANDOLLATHIL VEEDU, KODENCHERRY P.O.,
             PURAMERI (VIA), KODENCHERRY-673503.

             BY ADV. SRI.P.P.JACOB



RESPONDENT/PETITIONER:

      1      THE STATION HOUSE OFFICER,
             NADAPURAM POLICE STATION.

      2      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM-682018.

      3      THE PRESIDENT, NADAPURAM PANCHAYATH,
             VANITHA SAHAKARANA SANGHAM LTD, NO. D. 2685,
             NADAPURAM, KOZHIKODE-673504.


             BY THE SENIOR PUBLIC PROSECUTOR SRI C N PRABHAKARAN.


THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.11.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Bail Appl..No. 5627 of 2018

                                      2



                                  O R D E R

This application is filed under §438 of the Cr.P.C.

2. The applicant herein is the accused in Crime No. 263 of 2018 registered at the Nadapuram Police Station under §§ 406, 420, 468 and 471 of the Indian Penal Code.

3. The crux of the prosecution allegation is that the applicant herein, while working as the Secretary of the Nadapuram Panchayath Vanitha Sahakarana Sangham, manipulated the software and managed to avail loans from various fixed deposits without the knowledge or consent of the members. It is further alleged that the applicant has filed a incorrect report before the Kozhikode District Co-operative Bank stating that the society has a deposit amount of Rs.19,19,453.25 and a false statement before the Auditor with intent to cheat the de facto complainant and others. It is specifically alleged that by the acts of the applicant, loss to the tune of about Rs. 81 lakhs was caused to the society.

Bail Appl..No. 5627 of 2018

4. The learned counsel appearing for the applicant would contend that the accusations levelled against the applicant are frivolous in nature. According to the learned counsel, the last audit was conducted in the year 2013 and the report did not reveal any mismanagement of funds. The errors that have crept in the accounts are software errors and the applicant herein has nothing to do with the same. It is submitted that the applicant is innocent and if he is arrested and detained, his entire career will be doomed.

5. The learned Public Prosecutor, on instructions, submitted that the allegations are extremely grave and the investigation has now been handed over to the CBCID, Economic Offence Wing. He has made available the case diary and it is submitted that there are clear materials pointing towards the complicity of the applicant.

6. I have considered the submissions advanced and have gone through the materials made available. Having gone through the materials, I am unable to accept the contention of the Bail Appl..No. 5627 of 2018 4 learned counsel that the applicant is totally innocent. In that view of the matter, it would not be proper for this Court to invoke the powers under Section 438 of the Code and grant him an order of anticipatory bail.

7. The applicant shall surrender before the investigating officer or the court having jurisdiction and seek regular bail. If an application for bail is later preferred, the same shall be considered and orders shall be passed on its merits.

This application is dismissed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE Dxy

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