Pradeep vs State Of Kerala

Viju Abraham, J

This is an application for anticipatory bail.

The petitioner is the first accused in Crime No.570/2017 of Manjeswar Police Station, Kasaragod District, alleging commission of offences punishable under Sections 406, 409 and 420 of the IPC.

The prosecution allegation is that, the accused while working as the Secretary of Mangalpadi-Paivalike Urban Cooperative Society for the period from 18/11/2016, misappropriated a sum of Rs. 1,63,33,451/- by committing forgery in the documents, thereby the accused has committed the abovesaid offences.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner submitted that he has been falsely implicated in the aforesaid crime and further submitted that this is a crime registered in the year 2017 and his custodial interrogation is not required for the purpose of the investigation.

The learned Public Prosecutor upon instructions submitted that the investigation is going on and further submitted that he is a native of Karnataka and his presence cannot be procured at the time of trial, if he is released on bail. The learned counsel for the petitioner submitted that he is ready to furnish the local surety.

Considering the facts and circumstances of the case and the nature of the allegations, I am inclined to grant anticipatory bail to the petitioner. In the result, this application is allowed. Petitioner shall surrender before the investigating officer in Crime No.570/2017 of Manjeswar Police Station, Kasaragod District, on 12.10.2022 at 11 am and make himself available for interrogation on that day or any other day/s as directed by the investigating officer. It is directed that in the event of arrest of the petitioner in Crime No.570/2017 of Manjeswar Police Station, Kasaragod District, he shall be produced before the Jurisdictional Court on the same day and he shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the Jurisdictional Court. One of the surety shall be native of Kerala.

(ii) The petitioner shall appear before the investigating officer in Crime No.570/2017 of Manjeswar Police Station, Kasaragod District, as and when called for,

(iii) The petitioner shall not attempt to influence the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.570/2017 of Manjeswar Police Station, Kasaragod District,

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

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.570/2017 of Manjeswar Police Station, Kasaragod District, may file an application before the jurisdictional Court, for cancellation of bail.

It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by the petitioner even when the petitioner is on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020 (1) KHC 663).