IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 431 of 2008()
1. P.G.RADHAKRISHNAN NAIR, AGED 50 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.JOSEKUTTY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :29/01/2008
O R D E R
R.BASANT, J.
----------------------
B.A.No.431 of 2008
----------------------------------------
Dated this the 29th day of January 2008
O R D E R
Application for anticipatory bail. The petitioner, a police
constable, faces allegations under Section 409 I.P.C. The crux of
the allegations against the petitioner is that he had collected an
amount of Rs.6,426/- which was due to his police station from the
District police office. He allegedly did not remit the said amount
which he had collected at the police station. The amount was
withdrawn and came into the hands of the petitioner on
19/7/2007 allegedly. On 16/10/2007, money memo etc.
(documents to show collection of the amount) were delivered to
the police station; but still the amounts were allegedly not paid.
Long later, the F.I.statement was lodged on 15/12/2007 and the
crime has been registered. Investigation is in progress. The
petitioner apprehends imminent arrest.
2. The learned counsel for the petitioner submits that
the petitioner is absolutely innocent. It was not a case where the
petitioner did not offer the amounts promptly to the Station
Writer. Amount was collected on 19/7/2007 and it was paid to
the Station Writer on the same day. Unfortunately he has not
B.A.No.431/08 2
made the necessary entries and kept the amounts with himself.
The learned counsel for the petitioner submits that this is
evident from the facts that on 16/10/2008, it is claimed that, the
necessary documents without the requisite cash were handed
over to the Station Writer who made the relevant entries in the
register. The learned counsel for the petitioner submits that in
these circumstances the attempt is to save the Station Writer of
blame and place the blame on the doors of the petitioner. It is in
these circumstances prayed that anticipatory bail may be
granted to the petitioner to avoid any unnecessary disputes. The
petitioner is willing to deposit an amount of Rs.6,426/- at the
police station under protest without prejudice to his contentions
on condition of granting an anticipatory bail, submits the learned
counsel for the petitioner.
3. The learned Public Prosecutor submits that a serious
view has liable to be taken considering the fact that the alleged
culpable indiscretion is committed by none other than a Police
Constable. The learned Public Prosecutor submits that the
State, however, does not have objection against grant of
anticipatory bail to the petitioner subject of course to
appropriate terms and conditions.
B.A.No.431/08 3
4. Having considered all the relevant inputs, I am
satisfied that anticipatory bail can be granted to the petitioner
subject to appropriate terms and conditions.
5. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C in favour of the
petitioner.
i) Petitioner shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 11/02/2008. He shall
be released on regular bail on condition that he executes a bond
for Rs.50,000/-(Rupees fifty thousand only) with two solvent
sureties each for the like sum to the satisfaction of the learned
Magistrate and also produces before the learned Magistrate
receipt to show that an amount of Rs.6,426/- (Rupees six
thousand four hundred and twenty six only) has been remitted
before the Kottayam East police station.
ii) The petitioner shall make himself available for
interrogation before the investigating officer between 10 a.m
and 5 p.m on 12/02/2008 and 13/02/2008. During this period,
the investigating officer shall be at liberty to interrogate the
petitioner in custody and take all necessary steps for the proper
conduct of the investigation in this crime. Thereafter the
B.A.No.431/08 4
petitioner shall so appear on all Mondays and Fridays between
10 a.m and 12 noon for a period of two months and subsequently
as and when directed by the investigating officer in writing to
do so.
(iii) If the petitioner does not appear before the learned
Magistrate as directed in clause (i), directions issued above shall
thereafter stand revoked and the police shall be at liberty to
arrest the petitioner and deal with him in accordance with law,
as if these directions were not issued at all.
(iv) If he were arrested prior to 11/02/2008, he shall be
released from custody on his executing a bond for Rs.50,000/-
(Rupees fifty thousand only) without any sureties, undertaking to
appear before the learned Magistrate on 11/02/2008.
(R.BASANT, JUDGE)
jsr
B.A.No.431/08 5
B.A.No.431/08 6
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007