Kerala High Court
A.Madhavanunni vs State Of Kerala on 3 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942
Bail Appl..No.6900 OF 2020
AGAINST THE ORDER/JUDGMENT IN CRMC 2168/2020 DATED 09-10-2020 OF
DISTRICT COURT & SESSIONS COURT, PALAKKAD
CRIME NO.458/2020 OF Meenakshipuram Police Station, Palakkad
PETITIONER/S:
A.MADHAVANUNNI
AGED 36 YEARS
SON OF VENUGOPALAN, ANIYATH HOUSE,
NADUVATHUPARA POST, PERINGOTTUKURUSSI,
PALAKKAD - 678574
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
682031
2 ADDL.R2 RIYAS, S/O.YUSAF,
ASSISTANT SUPERINTENDENT OF POST,
PALAKKAD SOUTH SUB DIVISION, PALAKKAD,
KERALA-678001.
IS IMPLEADED AS PER THE ORDER DATED 16.11.2020 IN
CRL.M.A.NO.1/2020.
R1 BY PUBLIC PROSECUTOR
R2 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
SMT.V.SREEJA-PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.6900 OF 2020
2
ORDER
Dated this the 3rd day of March 2021
This is an application filed under Section
438 of Cr.P.C seeking anticipatory bail.
2. The applicant is the sole accused in Crime
No.458/2020 of Meenakshipuram Police Station,
Palakkad, for having allegedly committed offence
punishable under Section 409 of the IPC.
3. The prosecution case, in brief, is that
while the applicant was working as sub postmaster,
Vandithavalam Post Office on 21.08.2018 he failed
to credit the cash on delivery amount of
Rs.1,099/- collected from one Sujitha and thus
committed the offence.
4. The applicant states that he is innocent. A
departmental enquiry was conducted. He was
dismissed from service and the amount was also
realized and therefore he may not be arrested.
Custodial interrogation is not required as the
Bail Appl..No.6900 OF 2020
entire evidence and materials are available for
the investigating officer.
5. Heard the learned counsel for the applicant
and the learned Public Prosecutor.
6. I find that custodial interrogation of the
applicant may not be necessary as departmental
action has been taken against the applicant and
the materials indicating complicity of the accused
in this case, has already been seized by the
investigating officer. Under the circumstances,
the applicant is entitled to pre-arrest bail.
7. In the result the application is allowed
and the applicant is directed to surrender before
the investigating officer within two weeks, and
after interrogation in the event of his being
arrested, he shall be released on bail on
execution of a bond for Rs.50,000/-(Rupees Fifty
thousand only) with two solvent sureties for the
like amount each to the satisfaction of the
Bail Appl..No.6900 OF 2020
investigating officer and on the following
conditions;
i. He shall not tamper with evidence,
influence or intimidate witnesses.
ii. He shall appear before the investigating
officer as and when called for.
iii. He shall not get involved in similar
offences during the bail period.
In the event of violating the bail conditions,
the prosecution shall be at liberty to apply for
cancellation of bail before the jurisdictional
court.
Sd/-
ASHOK MENON
JUDGE
SPK
