IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3391 of 2009()
1. SASI KUMAR, AGED 34 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SMT.P.K.PRIYA
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :05/08/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 3391 OF 2009
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Dated this the 5th August, 2009
O R D E R
This is an application for anticipatory bail under Section 438 of
the Code of Criminal Procedure. The petitioner is accused No.1 in
Crime No.233 of 2009 of Chandera Police Station, Kasaragod
District.
2. The offences alleged against the accused persons are
under Sections 409, 465, 468, 471 and 420 read with Section 34 of
the Indian Penal Code.
3. The petitioner was working as Shop Manager of Labham
Market, Cheruvathur, run by the Kerala State Civil Supplies
Corporation, at the relevant time. The allegation is that he along with
the other accused persons manipulated the accounts and
misappropriated amounts.
4. The petitioner was placed under suspension. He
challenged the order of suspension in W.P.(C) No.20486 of 2009.
B.A. NO. 3391 OF 2009
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The petitioner contended that the stock details available in the
computer do not reveal the true state of affairs, that there were
errors in the computer recordings and that the time expired goods
and goods, the shelf life of which would expire shortly, were not
taken into account while computing the actual stock available. As
per the interim order dated 23.7.2009, this Court directed to
reinstate the petitioner in service. The order dated 23.7.2009 reads
as follows:
“Admit. Sri.Millu Dandapani, learned standing
counsel takes notice for the respondents.
Heard the learned counsel appearing for the
petitioner and the learned standing counsel appearing
for the respondents on the question of grant of interim
relief. On going through Ext.P3 and the statement
therein that the stock referred to therein is excluding
time expired goods, goods, the shelf life of which is to
expire shortly and goods which are not fast moving, I
am prima facie satisfied that there is no factual
foundation for the reason given in Ext.P6 to place the
petitioner under suspension. There will accordingly be
an interim order directing the respondents to forthwith
reinstate the petitioner in service. It will however be
open to the respondents to post the petitioner in another
station in the same district.”
B.A. NO. 3391 OF 2009
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5. In the light of the interim order passed by this Court in the
Writ Petition filed by the petitioner, I am of the view that it is only just
and proper to grant anticipatory bail to the petitioner. There will be a
direction that in the event of the arrest of the petitioner, the officer in
charge of the police station shall release him on bail on his executing
bond for Rs.50,000/- with two solvent sureties for the like amount to
the satisfaction of the officer concerned, subject to the following
conditions:
a) The petitioner shall report before the investigating
officer between 9 A.M. and 11 A.M. on every
alternate Sundays, till the final report is filed or until
further orders;
b) The petitioner shall appear before the investigating
officer for interrogation as and when required;
c) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;
d) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;
e) In case of breach of any of the conditions mentioned
above, the bail shall be liable to be cancelled.The Bail Application is allowed to the extent indicated above.
(K.T.SANKARAN)
Judge
ahz/