Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945 BA IL APPL. NO. 7495 OF 2023 CRIME NO.354 OF 2023 OF AMBALAMEDU POLICE STATION, ERNAKULAM AGAINST THE ORDER/JUDGMENT CRMC 1923/2023 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM PETITIONERS/S:
RANJITH R AGED 38 YEARS S/O RAJENDRAN, MADATHILPARAMBU COLONY, MAYITHARA P.O, KANJIKKUZHY, CHERTHALA ALAPPUZHA-., PIN - 688539 BY ADVS.
M.R.SASITH ARUN SAMUEL JITHIN BABU A RESPONDENTS
R1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031 *ADDL.R2 V. B. MUKUNDAN , AGED 58 YEARS, S/O BHASKARAN NAIR, MANAGING PARTNER, PRAYAGA ENGINEERING CONSTRUCTORS, AMBALAMUGAL, KOCHI 682 302 *ADDL.R2 IS IMPLEAED AS PER ORDER DATED 19.10.2023 IN CRL.M.A.No.1 OF 2023 IN B.A.No.7495/2023 SMT.T.V.NEEMA, SR.PP R2 BY ADV.SRI.ARUN SAMUEL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL.NO.7495 OF 2023 2 O R D E R This application is filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail.
2. Petitioner/accused, apprehending arrest in Crime No.354 of 2023 of Ambalamedu Police Station, Ernakulam, registered for offences punishable under Sections 420, 406, 408, 417, 419, 465, 474 and 477 A of the Indian Penal Code.
3. The prosecution case is that, while the petitioner was working as an Accountant at Prayaga Engineering Constructor, Ambalamugal, with an intention to deceive the company, he misused the sim card, letterhead, and seal for the period from 2014 to 2022 and obtained credit card from Kotak Mahindra Bank. The credit card was used for the personal purposes of the petitioner, and that was debited from the account of the company. The petitioner defrauded the company by misappropriating the amount from the account of the company to the tune of Rs. 39,35 981.63 and thus committed the offences alleged against him.
4. The learned counsel appearing for the petitioner and the
BAIL APPL.NO.7495 OF 2023 3 learned Public Prosecutor were heard. The learned Public Prosecutor submits that the investigation is going on and custodial interrogation of the petitioner is required. Learned counsel for the defacto complainant submits that the petitioner's service was terminated upon finding out about the above misappropriation.
5. After hearing the learned counsel for the petitioner and the learned Public Prosecutor and taking into account the accusations levelled against the petitioner for having forged the seal and signature of the company while working as the Accountant and also misappropriated the amount payable towards GST, I am of the view that the petitioner is not entitled to get anticipatory bail as it might affect a proper investigation.
Therefore, the following directions are issued:- In the event the petitioner surrenders before the Investigating Officer within a week from today, he shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the
BAIL APPL.NO.7495 OF 2023 4 petitioner moves for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail application on merits as expeditiously as possible. If the petitioner does not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioner as if no order has been passed in this case.
The Bail Application is disposed of as above.
Sd/- MOHAMMED NIAS C.P.
JUDGE shg