The High Court of Kerala rejected an anticipatory bail application. The petitioner was accused of misappropriating ₹34 lakhs. The court noted CCTV footage and admission, finding a prima facie case, and directed the petitioner to surrender for interrogation instead of granting bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 21ST DAY OF JULY 2023 / 30TH ASHADHA, 1945
BAIL APPL. NO. 2476 OF 2023
CRIME NO.223/2023 OF NADAKKAVU POLICE STATION, KOZHIKODE PETITIONER/1ST ACCUSED:
ABINSHA MAIDEEN
AGED 27 YEARS
S/O MAIDEEN T.A, THARAYIL HOUSE, PARATHODE P.O,
EDAKKUNNAM KARA, KOTTAYAM DISTRICT, PIN – 686512
BY ADVS.
K.A.HASSAN
JULIA PRIYA RESHMY
K.H.SAYYED ALIKHAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR , HIGH COURT OF KERALA, PIN – 6820312 STATION HOUSE OFFICER NADAKKAVU POLICE STATION, NADAKKAVU P.O., CALICUT DISTRICT., PIN – 673011BY ADV
ADV C.S. HRITHWIK – SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
The petitioner is the 1st accused in Crime No.223/2023 of
Nadakkavu Police Station. The offences alleged against the petitioner are under Section 381 read with Section 34 of IPC. The crime was registered on the basis of a complaint submitted by the canteen manager of IQRRA International Hospital & Research Centre, Kozhikode.
petitioner, while working in the canteen of the hospital and also in the IT department of the said hospital, misappropriated amounts while sitting in the cash counter of the canteen and used the said amounts for his personal purposes. The 2nd accused, an employee of the canteen, had assisted the petitioner for committing the said acts. The crime was registered in such circumstances and as the petitioner apprehends arrest in connection with the investigation of the said case this application for anticipatory bail is submitted.
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State.
petitioner is innocent of all the allegations. It is pointed out that, there are absolutely no materials to connect the petitioner with the said case.
4
BAIL APPL. NO. 2476 OF 2023
it is also mentioned that when he was questioned he admitted the same and paid an amount Rs.2,00,000/- (Rupees two lakhs only) towards the amount which he allegedly misappropriated and thereafter resigned from the job and left. On going through the FIS and other materials placed on record, I find that there are some allegations which would establish a prima facie case. The amount involved is huge and therefore, I find some force in the contention put forward by the learned Public Prosecutor that the petitioner has to be interrogated. In such circumstances, I do not find this as a fit case in which anticipatory bail as such can be granted to the petitioner. The petitioner has to cooperate with the investigation.
In the result, this application is disposed of with the following directions:-
i) The petitioner shall surrender before the Investigation officer within a period of two weeks from today, for subjecting himself for interrogation;
ii) Upon such surrender and after interrogation, if any, the petitioner shall be produced by the investigation officer before the
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Jurisdictional Magistrate on the very same day of surrender itself, to enable the petitioner to seek bail;
iii) The Jurisdictional Magistrate upon production of the accused and filing of application for bail, may consider the bail application in accordance with law, and if possible, dispose of the same on the very same day of filing of the said application, subject to such conditions, as deem fit.
The Bail Application is disposed of with the above directions.
Sd/- ZIYAD RAHMAN A.A. JUDGE
scs
ABINSHA MAIDEEN
STATE OF KERALA
ZIYAD RAHMAN A.A.
As recorded by the court registry
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