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Judgment
K. Haripal, J
The sole accused in Crime No.890/2019 of Viyyoor Police Station is before Court seeking anticipatory bail. The crime was registered alleging
offence under Sections 408, 418 and 381 IPC.
2. The allegation is that he had committed criminal breach of trust and theft of items worth Rs.1,50,000/- from a ready made shop by namely, LEE,
which is being operated in Sobha City mall in Puzhakkal, Thrissur.
3. I heard the learned counsel for the petitioner and also the learned Public Prosecutor.
4. According to the learned counsel, eventhough the alleged incident had happened sometimes in 2019, the crime was registered after three months.
In fact the provocation in preferring the complaint was the demand made by him for the arrears of salary which were due. Eventhough such a crime
was registered in 2019, he was not aware of it and only in 2021, the police had come in search of him.
5. It has come out that the crime was registered on the basis of a complaint preferred before the Magistrate by the defacto complainant. It is a
crime of the year 2019. It is doubtful that allegations were taken to the authorities promptly, seeking criminal prosecution. In the nature of the
allegations and having regard to the fact that the petitioner was an employee under the defacto complainant, it seems that, at this distant time, his
custodial interrogation will fetch any benefit. Recording the submission that he will co-operate with the investigation, the application can be allowed.
Therefore, the petitioner shall be at liberty to surrender before the Investigating Officer within ten days from today and will make himself available for
interrogation; in the event of arrest, he shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent
sureties each for the like sum to the satisfaction of the Investigating Officer; he shall co-operate with the investigation, shall not try to contact or
influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail.
This bail application is allowed as above.