The convicted dismissed the bail application of an accused employee alleged to have committed cheating and criminal breach of trust by misappropriating customer funds and insurance amounts at an automobile showroom, citing his own conduct as sufficient grounds for denial of bail.
Bail application dismissed; no indulgence granted to the petitioner.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
BAIL APPL. NO. 3435 OF 2021
CRIME NO.343/2021 OF SASTHAMCOTTA POLICE STATION, KOLLAM
PETITIONER/ACCUSED:
HARIKRISHNAN.S
AGED 29 YEARS, S/O.SOMASEKHARAN PILLAI, CHANGAYILKUNNATHU HOUSE,AMBALATHUMKALA,EZHUKONE,KOLLAM DISTRICT,KOLLAM, PIN - 691505
BY ADV SRI.M.KANNAN
RESPONDENTS/COMPLAINANTS & ADDL.R3:
(IMPLEADED AS ADDITIONAL 3RD RESPONDENT VIDE ORDER DATED 16.7.2021 IN CRL.M.A.NO.1 OF 2021 IN BA.NO.3435/2021)
ADDL.R3 BY ADV.SRI.M.SREEKUMAR
OTHER PRESENT:
SR.PP - SRI. SANTHOSH PETER
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.06.2021 THE COURT ON 16.07.2021,DELIVERED THE FOLLOWING:
B.A. No.3435/2021
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ORDER
Petitioner is the accused in crime No.343/2021 of Sasthamcotta police station, registered alleging offence under Sections 420 and 406 of IPC, on the basis of the first information statement given by one Balachandran Nair, Assistant Manager of a firm by name Panchamottil Honda, which is dealing in sales and services of Honda vehicles in Sasthamcotta. It is alleged that Harikrishnan who is the petitioner, who was working as the service manager in the institution from 2019 onwards, has committed serious acts of misconduct by removing and selling spare parts of vehicles taken for repair or service. He had also indulged in serious acts of dishonesty by collecting amounts from the customers directly and also by not claiming insurance amounts in respect of vehicles involved in accidents. Such acts of misfeasance on the part of the petitioner was revealed only later. He received numerous complaints against such acts of dishonesty on the part of the petitioner, which has tarnished the goodwill of the institution. There were prior instances also in which he had collected money from customers offering to deliver them vehicles. On such occasions, his family members had intervened and settled the matter. On these allegations the crime was
B.A. No.3435/2021
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registered and the petitioner has moved this application during the course of investigation, apprehending arrest.
working in Kollam branch of Panachamoottil Honda; it was for taking
advantage of his experience and service that he was posted in Bharanikkavu branch from 12.11.2018. At the time of his joining Bharanikavu itself he had noticed very many irregularities which were brought to the notice of the management. But prompt action was not taken. It is not unusual that when numerous vehicles are taken for repair, spare parts of vehicles kept for repair are removed and used for other vehicles, which would later be substituted, after obtaining such parts from other sources. In fact, he wanted to bow out of the show room unable to withstand the mental torturing of the management. But he continued since arrears of salary was due to him. The learned counsel also highlighted the complaints preferred by the petitioner
B.A. No.3435/2021
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before the District Police Chief as well as the Assistant Labour Officer, Sasthamcotta against the management. According to him, the case was falsely foisted against him on account of such complaint preferred by him.
me to Annexures R2(b) and R2(c) statements given by the petitioner himself.
the 3rd respondent. After perusing the case diary produced by the learned
Public Prosecutor, there are reasons to think that he had indulged in serious irregularities while employed as service-in-charge in the said showroom. At least at this stage, Annexures R2(b) and R2(c) are standing testimony of the irregularities committed by him. Annexure R2(b) is in respect of receipt of an amount of Rs.86,000/- from a customer by name Aiswarya and giving forged receipts. In the written statement he has assured that he will not repeat the
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same and requested for giving him pardon. Annexure R2(c) indicates that he
had collected amounts in respect of four vehicles which were involved in accidents, but failed to remit the same in the company. I have no doubt that these are serious acts of criminal breach of trust and cheating.
An order under Section 438 of the Cr.P.C. is a discretionary relief. By his own conduct, at least at this stage, he has proved himself that he is not entitled to get indulgence of this Court. The application is devoid of merit and is dismissed.
Sd/-
K. HARIPAL JUDGE
okb/15.7
//True copy// P.S. to Judge
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail considering his admitted misconduct and criminal breach of trust.
Whether the petitioner deserves indulgence from the Court given the serious irregularities committed while employed.
HARIKRISHNAN.S
STATE OF KERALA
BALACHANDRAN NAIR
K.HARIPAL
As recorded by the court registry
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