Justice Ashok Menon entertained a bail application under Section 438 Cr.P.C. Finding that custodial interrogation is unnecessary as departmental action was taken and materials were seized, the Court allowed anticipatory bail.
Pre-arrest bail granted; directed to surrender within two weeks and execute a bond for Rs.50,000/- with two solvent sureties.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942
Bail Appl..No.6900 OF 2020
AGAINST THE ORDER/JUDGMENT IN CRMC 2168/2020 DATED 09-10-2020 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD
CRIME NO.458/2020 OF Meenakshipuram Police Station, Palakkad
PETITIONER/S:
A.MADHAVANUNNI AGED 36 YEARS SON OF VENUGOPALAN, ANIYATH HOUSE, NADUVATHUPARA POST, PERINGOTTUKURUSSI, PALAKKAD - 678574
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031
2 ADDL.R2 RIYAS, S/O.YUSAF, ASSISTANT SUPERINTENDENT OF POST, PALAKKAD SOUTH SUB DIVISION, PALAKKAD, KERALA-678001. IS IMPLEADED AS PER THE ORDER DATED 16.11.2020 IN CRL.M.A.NO.1/2020.
R1 BY PUBLIC PROSECUTOR R2 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA SMT.V.SREEJA-PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.6900 OF 2020
2
ORDER
Dated this the 3rd day of March 2021
This is an application filed under Section
438 of Cr.P.C seeking anticipatory bail.
while the applicant was working as sub postmaster, Vandithavalam Post Office on 21.08.2018 he failed to credit the cash on delivery amount of Rs.1,099/- collected from one Sujitha and thus committed the offence.
departmental enquiry was conducted. He was
dismissed from service and the amount was also
realized and therefore he may not be arrested. Custodial interrogation is not required as the
Bail Appl..No.6900 OF 2020
3
entire evidence and materials are available for the investigating officer.
and the learned Public Prosecutor.
the applicant is entitled to pre-arrest bail.
Bail Appl..No.6900 OF 2020
4
investigating officer and on the following conditions;
influence or intimidate witnesses.
ii. He shall appear before the investigating
officer as and when called for.
iii. He shall not get involved in similar offences during the bail period.
In the event of violating the bail conditions,
the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional
court.
Sd/-
ASHOK MENON
JUDGE
SPK
1 issue framed by the court
Whether the applicant is entitled to pre-arrest anticipatory bail given that departmental action was taken and evidence is available without custodial interrogation.
2 provisions across 2 enactments
A.MADHAVANUNNI
STATE OF KERALA
ADDL.R2 RIYAS
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
