Ramachandran vs State Of Kerala

A.Badharudeen, J

This is an application for regular bail filed by the petitioner, who is the sole accused in Crime No.1174/2022 of Thenmala Forest Range Office, Kollam, under Section 439 of the Code of Criminal Procedure, wherein he alleged to have committed offences punishable under Sections 406, 420 468 and 471 of the Indian Penal Code.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

The prosecution case is that the petitioner, who had worked as Clerk at S.B.I, Thenmala Branch, with dishonest and deceitful intention, transferred Rs.6,23,600/- to the account of one Santhosh Kumar from the account of Vijayakumar having account No.67076614438 by forging vouchers for the same. Thereafter, Santhosh Kumar withdrew the amount during the period 06.01.2022 to 18.10.2022. On this premise, the prosecution alleges commission of offences punishable under Sections 406, 420, 468 and 471 of the Indian Penal Code.

While pursuing regular bail to the petitioner, who has been in custody from 17.12.2022, the learned counsel for the petitioner would submit that the Manager, State Bank of India, lodged complaint against an unknown person. Thereafter, the manager transferred the petitioner to Pathanapuram branch, as he was having a strained relationship with the petitioner. It is pointed out further that the alleged money transfer was done on 29 occasions and the account holder never complained about the same. Further, the complaint also was registered after 2 months of the transactions. According to the learned counsel for the petitioner, the petitioner is a cardiac patient and, therefore, he is liable to be released on bail taking note of his custody from 17.12.2022 onwards.

Whereas the learned Public Prosecutor vehemently opposed grant of bail to the petitioner on the submission that the prosecution case is well made out and the relevant forged documents were taken into custody by the Investigating Officer. According to the learned Public Prosecutor, cases involving this kind of financial scams are alarmingly increasing. Therefore, in a case like this, where there is allegation of financial scam involved, taking a liberal view would be prejudicial to the interest of the society as a whole, apart from interdicting the investigation.

On scrutiny of the case diary along with report of the Investigating Officer, transfer of the amount to the tune of Rs.6,23,600/- by 29 installments from the account of one Vijayakumar in favour of one Santhosh Kumar with ulterior motive at the connivance of the petitioner can be gathered very well and the prosecution allegations are well established, prima facie. However, no criminal antecedents reported in so far as the petitioner is concerned. It is shocking to note that a person, who got employed as a Clerk in a nationalised bank, viz. State Bank of India, who has been getting a fair income and allowances, got involved in cheating the bank by forging records and thereby Rs.6,23,600/- was misappropriated. Since the petitioner has been in custody from 07.12.2022, I am inclined to release him on bail on conditions. One among the conditions is that he shall not involve in any other crime during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.

In the result, the petition stands allowed. The petitioner can be released on bail on the following conditions:

i. Accused/petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court concerned.

ii. Accused/petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. He shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a period of one month and also appear before the Investigating Officer as and when directed.

iii. Accused/petitioner shall not leave India without prior permission of the jurisdictional court.

iv. The petitioner shall surrender his passport, if any, within 7 days from the date of his release, before the trial court. If he has no passports, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

v. Accused/petitioner  shall  not  involve  in  any  other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.