The High Court of Kerala dismissed an application for anticipatory bail filed by an accused charged with misappropriation under Sections 408 and 420 IPC. The court held bail might impede investigation but allowed surrender with specific conditions.
Anticipatory bail refused; conditional liberty granted to surrender within two weeks for bail consideration.
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.
B.A. No. 2219/2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 1ST DAY OF NOVEMBER 2023/10TH KARTHIKA,1945
BAIL APPL. NO. 2219 OF 2023
CRIME NO.1375/2022 OF KOLLAM EAST POLICE STATION, KOLLAM
PETITIONER/ACCUSED:
BINURAJ R., AGED 48 YEARS, S/O. B. RAJENDRAN, ARADHANA, PALKKULANGARA NAGAR, KALLUMTHAZHAM P.O., KOLLAM, PIN – 691004.
BY ADV. SRI.S.S.RAJESH
RESPONDENT/COMPLAINANT:
THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031.
SMT. T.V. NEEMA, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No. 2219/2023
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MOHAMMED NIAS C. P. , J.
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B. A. No. 2219 of 2023
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Dated this the 1st day of November, 2023
Apprehending arrest in Crime No.1375/2022 of Kollam East Police Station, registered for offences punishable under Sections 408 & 420 of the Indian Penal Code, the petitioner herein/sole accused has filed this application under Section 438 of the Code of Criminal Procedure, seeking anticipatory bail.
B.A. No. 2219/2023
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petitioner of having misappropriated an amount of Rupees Three Lakhs and Eighty-Eight Thousand while working as store manager, it cannot be said that the offences alleged are not attracted in the case. Under such circumstances, I am of the view that the petitioner is not entitled to get anticipatory bail as it might adversely affect a proper investigation. However, the following directions are issued:
In the event the petitioner surrenders before the Investigating Officer within two weeks from today, he shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the 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.
Sd/-
MOHAMMED NIAS C. P. , JUDGE
MMG
B.A. No. 2219/2023
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APPENDIX OF BAIL APPL.NO. 2219/2023
PETITIONER'S ANNEXURES:
ANNEXURE1 TRUE COPY OF THE FIR AND FIS IN CRIME NO. 1375/2022 OF KOLLAM EAST POLICE STATION, KOLLAM DISTRICT DATED 23/12/2022
ANNEXURE2 TRUE COPY OF AUDIT SUMMARY REPORT NO. WK43/2022 ANNEXURE3 CERTIFIED COPY OF THE ORDER DATED 23/2/2023 IN CRL. M.C. NO. 295/2023 OF PRINCIPAL SESSIONS COURT, KOLLAM
ANNEXURE4 TRUE COPY OF THE ORDER DATED 15.3.2021 IN CRIMINAL MISC. BAIL APPLICATION NO. 11825/2021 OF HON'BLE ALLAHABAD HIGH COURT
3 issues framed by the court
Whether the appellant is entitled to anticipatory bail in proceedings for misappropriation charges.
Whether refusal of anticipatory bail might adversely affect a proper investigation.
What directions can be issued contingent upon the surrender of the accused.
1 provisions across 1 enactments
BINURAJ R.
THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
MOHAMMED NIAS C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
