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Judgment
Viju Abraham, J.
This is an application for anticipatory bail.
The petitioner is the accused in Crime No.369/2022 of Harippad Police Station, Alappuzha District, alleging commission of offence punishable under Sections 294(b), 384 & 323 of Indian Penal Code.
The prosecution allegation is that, the accused is the caretaker of Mundappalli Vishvadarshana charitable trust and the defacto complainant is an inmate of the same. On the intervening days between 06.05.2022 to 08.05.2022, the accused manhandled and abused the defacto complainant for his ATM pin number and then withdrawn cash from defacto complainants account without his permission.
4 .The learned counsel for the petitioner submitted that the petitioner is totally innocent of the charges levelled against him.
The learned Public Prosecutor, upon instructions, submitted that the petitioner is the caretaker of a charitable trust, in which the defacto complainant is residing. On days between 06.05.2022 to 08.05.2022, the accused manhandled and abused the defacto complainant for ATM PIN number and then withdraw cash from the account of the defacto complainant without his permission. It is further submitted that the petitioner is running an orphanage in the name of 'Vishwadarshan Charitable Trust' without any valid licence and other sanction particulars.
Having regard to the facts and circumstances of the case and considering the nature of the allegations, I am not inclined to grant pre-arrest bail to the petitioner. I feel that the bail application can be disposed of with the following directions:
The petitioner shall surrender before the investigating officer and co-operate with the investigation. It is made clear that if the petitioner is arrested in connection with the above said crime, he shall be produced before the jurisdictional magistrate on the very same day of the arrest and the jurisdictional magistrate shall consider the application for bail submitted by the petitioner, preferably on the very same day, if the same is moved after serving copy of the application to the learned Public Prosecutor in advance.