IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5611 of 2008()
1. ARUNACHALAM, AGED 39 YEARS,H
... Petitioner
Vs
1. STATE OF KERALA, REP. BY STATE OF KERALA
... Respondent
For Petitioner :SRI.P.M.ZIRAJ
For Respondent : No Appearance
The Hon'ble MRS. Justice K.HEMA
Dated :15/09/2008
O R D E R
K.HEMA, J.
-----------------------------------------
B.A.No.5611 of 2008
-----------------------------------------
Dated this the 15th September, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offence is under Section 420 of Indian Penal
Code. According to prosecution, the General Manager of Imperial
Spirits Limited entrusted Rs.4.8 lakhs with the petitioner, who is
the Assistant Manager of the Company for depositing in the
Treasury towards brand registration fee. The petitioner did not
deposit the amount, but produced a forged chalan containing
Treasury seal, which is also forged and offence was detected at a
later stage.
3. Learned counsel for petitioner submitted that there is a
dispute between the petitioner and the Manager. The deposits are
usually done by the Accountant, but, in view of the dispute, the
petitioner has been falsely implicated as the accused. He is
absolutely innocent of the allegations made. It is also pointed out
that there is an inordinate delay of three months in lodging the
complaint and hence, on these grounds anticipatory bail can be
granted, it is submitted.
4. This petition is opposed. Learned Public Prosecutor
submitted that this is a case where the Treasury seal has been
BA.5611/08 2
forged and a fake chalan has been produced by the petitioner to
make it appear that the amount was actually deposited in the
Treasury. The amount involved is Rs.4.8 lakhs which was entrusted
by the General Manager personally to the petitioner. The petitioner
is required for investigation.
5. On hearing both sides, I do not think it fit to grant
anticipatory bail in an offence of this nature, especially since there
will be many materials within the exclusive knowledge of the
petitioner regarding the commission of forgery and his
interrogation will be required for an effective investigation.
Petition is dismissed.
K.HEMA, JUDGE
vgs.