Court granted anticipatory bail to a postal employee accused of misappropriation, noting he surrendered the amount and custodial interrogation was unnecessary, directing bond execution within two weeks.
Bail allowed; applicant to surrender within two weeks or be released on bond after interrogation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
Bail Appl.No.619 OF 2021
CRIME NO.725/2020 OF Tanur Police Station , Malappuram
PETITIONER/S:
RAMSHAD A.M., AGED 35 YEARS, RAMSHAD MANZIL,KARICHIRA,PALLIPPURAM PO, THIRUVANANTHAPURAM – 695318.
BY ADV. SRI.S.MOHAMMED AL RAFI
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031.
2 PRAMODKUMAR
AGED 40 YEARS ASSISTANT SUPERINTEND, POSTAL DEPARTMENT, TIRUR – 676101.
R1 BY SRI.SANTHOSH PETER SR PP R2 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
OTHER PRESENT:
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl.No.619 OF 2021
2
O R D E R
Dated this the 5th day of February 2021
This is an application for anticipatory bail under
Section 438 of Cr.P.C.
No.725/2020 of Tanur Police Station for having
allegedly committed the offences punishable under Sections 420 and 409 of the I.P.C. and under Section 52
of the Indian Post Office Act.
the applicant was working as Postal Assistant in the
Postal Department at Thayyalingal Post Office in Malappuram District, on 16.11.2016 he had allegedly misappropriated an amount of Rs.50,000/- which should have been deposited in Account Nos.864643544 and 8646370859 and he instead of depositing those amounts
in the aforesaid two accounts, he deposited the amount
in his own account and thus cheated the Postal
3
Bail Appl.No.619 OF 2021
Department and two other depositors. After it was revealed, on the very next day the applicant was placed under suspension. After departmental enquiry he was reinstated in service on penalty of reduction of rank to one stage and the applicant had deposited the entire
amount allegedly misappropriated together with
interest. The proceedings of the departmental enquiry
taken against the applicant is produced as Annexure-1.
cooperate with the investigation and the incident took place four years ago, his custodial interrogation may
not be necessary, and hence, he seeks pre-arrest bail.
represented by the ASG, but there was no submission made on behalf of the ASG. The learned Public
Prosecutor has no instructions in this regard. On
going through the records, I find that custodial interrogation of the applicant may not be required,
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Bail Appl.No.619 OF 2021
since he has already deposited the entire amount as is evident from Annexure-1.
In the result, the bail application is allowed and
the applicant is directed to surrender before the investigating officer within two weeks. In the event of
his being arrested, after interrogation, he shall be
released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the
satisfaction of the investigating officer, and on the following conditions:
(ii) He shall appear before the investigating officer as and when called for and shall cooperate with the investigation; and
(iii)During the bail period, he shall not get involved in any similar offences.
Bail Appl.No.619 OF 2021
5
In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.
Sd/-
ASHOK MENON
JUDGE
dkr
2 issues framed by the court
Whether anticipatory bail should be granted in a cheating and criminal breach of trust case involving a postal employee.
Whether the surrender of misappropriated amount justifies the issuance of pre-arrest bail.
3 provisions across 3 enactments
Ramshad A.M.
State of Kerala
Pramodkumar
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
