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Judgment
The applicant is the accused No. 2 in Crime No.2447 of 2020 of Adoor, for having allegedly committed offences punishable under Sections 465,
471, 408, 417, 420 read with Section 34 of I.P.C.
The prosecution case, in brief, is that between 2017 up to February 2020, while the applicant was working as cashier-in-charge of Pazhakulam
Service Co-operative Bank Limited, high school junction branch Adoor, he, in furtherance of common intention with A1 misappropriated
Rs.55,17,995/- from the said bank by forging false documents and thereby committed the offence. The first accused put the blame entirely on the
applicant while the applicant would state that he is not involved in the crime. The applications for anticipatory bail filed by both the accused were
dismissed and they were directed to surrender before the Investigating Officer. The first accused is yet to surrender. But the applicant surrendered on
01.12.2020. and he has been remanded to judicial custody. The applicant maintains that he is innocent and the allegations are not true. His custodial
interrogation is already completed. All the documents have been seized and he is co-operating with the investigation. And therefore, he may be
granted regular bail.
Heard the learned Counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor submits that the applicant
is involved in one more crime for an offence under Section 420 of IPC, in connection with money belonging to a temple. That apart, the applicant has
no crimes registered against him. Considering the present pandemic situation and the fact that the custodial interrogation is already over, and he has
been co-operating with the investigation and that he is not likely to abscond, he need not be detained any longer.
In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.1,00,000/-(Rupees One
lakh only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:
(i) He shall appear before the Investigating Officer on all Mondays between 9.00 am and 12 noon for a period of two months or till filing of the final
report whichever is earlier.
(ii) He shall not intimidate or influence witnesses and tamper with evidence.
(iii) He shall not get involved in similar offences during the currency of the bail period.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.
The bail application is allowed.