High Court Kerala High Court

M.T.Joseph vs Sub Inspector Of Police on 30 March, 2007

Kerala High Court
M.T.Joseph vs Sub Inspector Of Police on 30 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1950 of 2007()


1. M.T.JOSEPH, JUNIOR ACCOUNTANT,
                      ...  Petitioner

                        Vs



1. SUB INSPECTOR OF POLICE,
                       ...       Respondent

                For Petitioner  :SRI.A.RAJASIMHAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :30/03/2007

 O R D E R
                            V.RAMKUMAR, J.

                             ----------------------------

                     Bail Application No. 1950/2007

                            -----------------------------

                  Dated this  30th day of March, 2007


                                  O R D E R

The petitioner, who is the accused in Crime

No.15/2007 of Cantonment Police Station, Thiruvananthapuram,

for offences punishable under Sections 381, 468, 471 and 420

IPC, seeks anticipatory bail.

2. The learned Public Prosecutor opposed the

application.

3. The case of the prosecution is that on 25.1.2007, the

petitioner had committed theft of a cheque book and forged the

signature of a pensioner in the cheque leaf and tried to encash a

sum of Rs.3,500/-. The learned Public Prosecutor, on

instructions, further submitted that the petitioner has also

committed similar offence totaling to a sum of Rs.58,500/-.

4. It is too early to accept the petitioner’s contention

that he is falsely implicated in the case. Nevertheless, his

contention that three other members of the staff by name

Christina, Reghu and Vijayakumar, who also had a role in

dealing with the cheque and who were suspended but were

subsequently reinstated and transferred to some other station

B.A.1950/2007

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with a view to make the petitioner a scapegoat is also worth

consideration of the investigating agency.

5. Even though anticipatory bail cannot be granted in a

case of this nature, I am inclined to permit the petitioner to

surrender before the Investigating Officer for interrogation and

then to have his application for regular bail considered by the

Magistrate having jurisdiction.

6. Accordingly, the petitioner is directed to surrender

before the Investigating Officer on any day between 4.4.2007

and 9.4.2007 for the purpose of interrogation. The petitioner

shall, thereafter, be produced on the same day before the

Magistrate having jurisdiction, who shall consider and dispose of

the application, if any, filed by the petitioner for regular bail,

preferably on the same day on which it is filed.

The application is disposed of as above.

V.RAMKUMAR,

JUDGE

mrcs

B.A.1950/2007

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