T.T Sreekumar vs State Of Kerala

A. Badharudeen, J

This is an application for anticipatory bail filed by the sole accused in Crime No. 137/CBCU-IV/TVPM/2017 arousing out of Crime No. 427/2017 of Aruvikkara Police Station where the prosecution alleges commission of offences punishable under Sections 409, 420, and 381 of the IPC by the Sub Group Officer in Aruvikkara Devaswom Board.

The learned counsel appearing for the petitioner submitted that, during the course of employment, there were some shortfalls and thereafter the petitioner remitted Rs.19,17,603/- which includes the allegations covered by the present crime also. A later date 28.12.2021 issued by the Devaswom Account Officer, Thiruvananthapuram has been placed in this regard.

The learned Standing Counsel appearing for the Devaswom Board also conceded receipt of Rs.19,17,603/- as total liability towards the petitioner. The Investigating Officer filed a report stating that the investigation of the case is in progress and the arrest and custodial interrogation of the accused are not necessary now as the petitioner is co-operating with the investigation. The learned Public Prosecutor also submitted these facts of the case as reported by the Investigating Officer.

Having appraised the above facts, the petitioner can be granted anticipatory bail so that the investigation can go on. Therefore, this petition stands allowed. The petitioner is enlarged on bail on conditions:

i. The petitioner shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioner and record his statement, if necessary. In the event of his arrest, the Investigating Officer shall produce the petitioner before the Jurisdictional Court on the date of arrest itself.

ii. On such production, Jurisdictional Court shall release the petitioner on bail, on executing bond for Rs.30,000/- (Rupees Thirty thousand) each, by himself and by two sureties, each for the like sum to the satisfaction of the Jurisdictional Court.

iii. The petitioner shall co-operate with investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so.

iv. The petitioner, shall not, intimidate the witnesses or interfere with the investigation in any manner.

v. The petitioner shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted.