High Court Kerala High Court

Manikandan vs State Of Kerala on 10 February, 2009

Kerala High Court
Manikandan vs State Of Kerala on 10 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7627 of 2008()


1. MANIKANDAN
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE STATION HOUSE OFFICER,

                For Petitioner  :SRI.K.RAMAKUMAR (SR.)

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :10/02/2009

 O R D E R
                                 K. HEMA, J.
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                         Bail Appl. No. 7627 of 2008
                 ---------------------------------------------------
             Dated this the 10th day of February, 2009.

                                     ORDER

Petition for anticipatory bail.

2. The alleged offences are under Sections 468, 471, 420

and 409 of IPC. According to prosecution, a complaint was given

by the Administrator, Guruvayoor Devaswom alleging that

petitioner while working as U.D.Clerk in the Devaswom Board,

cheques were issued by the Deputy Administrator to several

contractors. When those cheques were presented by the

petitioner in the Andhara Bank wherein petitioner’s wife was

working and those were found to be manipulated and amounts

were obtained by petitioner and thereby he committed the

various offences.

3. Learned counsel for petitioner submitted that petitioner

was only one of the U.D. Clerks working in the Devaswom at the

time of commission of alleged offence. Petitioner has not

committed any offence. The contractors have not come forward

by making any complaint, it is submitted. In the above

circumstances, petitioner’s involvement cannot be confirmed, in

[B.A.No.7627/08] 2

the absence of complaint from the contractors. Therefore,

petitioner may be granted anticipatory bail, it is submitted.

4. This petition is opposed. Learned Public Prosecutor

submitted that the crime is registered as early as on 1.12.2008

and petitioner could not be arrested and questioned so far. As

per the allegations made in the first information statement, the

offence is very serious and it is not a fit case to grant anticipatory

bail. Petitioner’s presence will be required for the purpose of

interrogation and investigation.

5. On hearing both sides, I am satisfied of the submissions

made by learned Public prosecutor. The allegations made against

petitioner in this case are serious in nature and petitioner’s

interrogation will be required for ascertaining the facts which are

within his exclusive knowledge. In the peculiar nature of the

offence committed, his interrogation will be required to find out in

what manner the offence was committed. In the above

circumstances, I am not inclined to grant anticipatory bail. No

special circumstance is pointed out to invoke the provision under

Section 438 Cr.P.C. Hence, the following order is passed:

1) Petitioner shall surrender before the investigating

officer forthwith and co-operate with the

investigation. Whether he surrenders or not, police

[B.A.No.7627/08] 3

is at liberty to arrest him and proceed in

accordance with law.

2) No further application for anticipatory bail by the

petitioner in this crime will be entertained by this

Court.

Petition is dismissed.

K. HEMA, JUDGE.

Krs.