This judgment dismissed a bail application filed under Section 438 Cr.P.C. by the third accused in a criminal case involving forgery, cheating, and misappropriation of funds by a government institution.
The application for anticipatory bail under Section 438 Cr.P.C. stands dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
WEDNESDAY, THE 5TH DAY OF OCTOBER 2016/13TH ASWINA, 1938
Bail Appl..No. 6464 of 2016 () ------------------------------AGAINST THE ORDER IN CRMC 1509/2016 of SESSIONS COURT,THRISSUR DATED 18-08-2016 CRIME NO. 1560/2015 OF NEDUPUZHA POLICE STATION, TRISSUR
PETITIONER(S)/ACCUSED NO 3:
C.K UNNIKRISHNAN AGED 56 YEARS, S/O. KRISHNAN NAMBOOTHIRI HRISREE, THIRUPPAD ROAD, OLLUR P.O, THRISSUR DISTRICT
BY ADV. SRI.IEANS.C.CHAMAKKALA
RESPONDENT(S):
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA 682 031
BY PUBLIC PROSECUTOR SRI. SAJU.S.
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B. SUDHEENDRA KUMAR, J.
Bail Application No. 6464 of 2016
Dated this the 4th day of October, 2016
ORDER
The petitioner is the 3rd accused in Crime No. 1560 of 2015 of Nedupuzha Police Station, registered for the offences under Sections 409, 420, 465, 468 and 477 (A) read with Sec. 34 IPC.
Bail Application No. 6464 of 2016
: 2 :
from the Government by making forged documents. They also caused a loss to the tune of Rs. 11,43,406/- to the Milk Society. The accused also misappropriated an amount of Rs. 12,05,336/- belonging to the Society. The accused persons also availed a loan from the South Malabar Gramin Bank in the name of the members of the Farm by putting their forged signatures without their knowledge and consent and misappropriated the said amount. The petitioner has filed this application under Section 438 Cr.P.C.
Bail Application No. 6464 of 2016
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amount. They also misappropriated an amount of Rs. 12,05,336. It appears from the case diary that there are materials to connect the petitioner with the commission of the offence. The investigation is only under progress. Having gone through the relevant inputs, I am of the view that custodial interrogation of the petitioner is highly necessary for the progress of the investigation of the case. Considering the nature and gravity of the offences alleged against the petitioner, I am not inclined to grant the relief under Section 438 Cr.P.C. in favour of the petitioner.
In the result, this application stands dismissed.
B. SUDHEENDRA KUMAR,
JUDGE.
Ani/
3 issues framed by the court
Whether bail should be granted under Section 438 Cr.P.C. to the third accused in a corruption case involving forgery and misappropriation.
Whether custodial interrogation is necessary given the gravity of the offences and the applicant's connection to the investigation.
Whether the repayment of the alleged misappropriated amount influences the grant of anticipatory bail.
1 provisions across 1 enactments
C.K UNNIKRISHNAN
STATE OF KERALA
B. SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
