Muhammed Muhiriz K.M. vs State Of Kerala

Mohammed Nias C.P, J.

This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

The petitioner is the accused in Crime No.2463 of 2023 of Ernakulam Town Police Station, Ernakulam District, for having committed offences punishable under Sections 408 and 420 of the Indian Penal Code.

The allegation against the petitioner/accused is that the accused, while working as a clerk in RR Associates - a proprietary concern of the defacto complainant, collected amounts from the clients of the firm during 08.04.2019 and 30.09.2023 to his personal accounts, purportedly misappropriating the cash for his personal use. Hence the accused is alleged to have committed the offences mentioned above.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 22.10.2023 and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition and points out that the petitioner is not entitled to get bail.

After considering the nature of the offences committed by the petitioner and the fact that the petitioner has been in custody since 22.10.2023, the alleged misappropriation took place between 8.4.2019 and 30.09.2023, that most of the allegations are to be proved by documentary evidence, no other antecedents reported against the petitioner and also since there is no apprehension raised by the prosecution that if he is released on bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(ii) The petitioner shall report before the Investigating Officer as and when required to do so.

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

(iv) The petitioner shall not be involved in any other crime while on bail.

(v) If any of the conditions are violated, the court concerned shall be empowered to take steps for cancellation of bail as per law.