P.K. RADHIDEVI vs STATE OF KERALA

Petitioners are accused Nos. 1 and 2 in crime No. 600 of 2017 of Town South Police Station, Palakkad for offences punishable under Sections

406, 465, 468, 471 and 420 r/w Section 34 IPC.

The case of the prosecution is that the petitioners, who are working as the competent person and the collection boy respectively in the de facto

complainant''s business concern namely ''Roshini Enterprises'' during the period 2014-2017, have pilferaged a sum of Rs.20,00,000/- by forging

the documents and records with an intention to cheat him.

The learned counsel for the petitioners submits that the first petitioner was working in the said company for the last 28 years and now she is

holding licence to run the medical business jointly with the de facto complainant. The second petitioner was in the said company for the last 21

years. It is further submitted that the company accounts are subjected to audit every year and nothing was pointed out in the earlier audit report

also.

The learned Public Prosecutor opposed the application. He submits that in the audit, an amount of Rs.20,00,000/-is found missing, that the

investigation is highly required in this case and that certain cheques were also to be detected.

Going though the case files, I find that custodial interrogation is not required in this case. Therefore, I am inclined to grant anticipatory bail by

invoking Section 438 of the Cr.P.C on the following conditions:

The petitioners herein shall surrender before the SHO, Town South Police Station, Palakkad on or before 09.03.2018 between 10 a.m and 11

a.m. and they shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for

the like sum to the satisfaction of the SHO, Town South Police Station, Palakkad.

The petitioners shall appear before the Investigating Officer between 10 a.m and 11 a.m on every Tuesdays and Saturdays for three months,

commencing from 13.03.2018 or till charge sheet is filed, whichever is earlier.

If the petitioners violate any of the above conditions, the bail granted to them shall stand cancelled, forthwith.

This application is allowed as above.