Akhil. R vs State Of Kerala
2022 Latest Caselaw 11852 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
 WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
                      BAIL APPL. NO. 10202 OF 2022
 Crime No.21/2022 of Thiruvallom Police Station, Thiruvananthapuram District,

PETITIONER/A1:

            AKHIL. R, AGED 23 YEARS
            S/O. RAVIKUMAR, RAVI NIVAS, KUPPACHIVILAKOM, PACHALLOOR
            P.O.,THIRUVANANTHAPURAM DISTRICT, PIN - 695304.

            BY ADV SHAJIN S.HAMEED


RESPONDENT/STATE:

            STATE OF KERALA, REPRESENTED BY THE PUBLIC
            PROSECUTOR,HIGH COURT OF KERALA,
            ERNAKULAM, PIN - 682031.


OTHER PRESENT:

            PP - M.C.ASHI


     THIS   BAIL    APPLICATION    HAVING    COME   UP   FOR    ADMISSION       ON
21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 10202 OF 2022
                                      2


                        VIJU ABRAHAM, J

                       BA No.10202 of 2022
                               st
           Dated this the 21        day   of    December, 2022

                              O R D E R

This is an application for anticipatory bail.

st

2. Petitioner is arrayed as the 1 accused in Crime

No.21/2022 of Thiruvallom Police Station, Thiruvananthapuram

District, alleging commission of offences punishable under

section 381 r/w 34 of IPC.

3. The prosecution allegation is that the accused 6 in

numbers who are the employees of Hotel Diamond Palace,

while working there in between 12/11/2021 and 3/01/2022,

after collecting cash from the customers, make entries in the

cashbook that payments are made through google pay app and

thus misappropriated an amount of Rs.2,85,000/- belonging to

the Hotel and thereby the accused have committed the

aforesaid offences.

4. Heard the learned counsel for the petitioner and the

learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that BAIL APPL. NO. 10202 OF 2022

he has been falsely implicated in the aforesaid crime. The

learned counsel further submitted that The petitioner was

working at Hotel Diamond Palace, Thiruvananthapuram. The

defacto complainant is the manager of the said hotel. The

defacto complainant and the owner of the hotel after employing

the petitioner and other employees, failed to pay wages to them

as promised. Further, the management of the hotel failed to

register the petitioner and other employees as permanent

workers. When the management of hotel failed to pay wages,

the petitioner and other employees protested and did not attend

for work and upon that vengeance, the owner of the hotel with

the help of defacto complainant falsely registered the present

crime alleging that the petitioner and others have committed

theft. It is submitted that the petitioner was never put under

the charge of handling cash of the said hotel and the said duty

was entrusted only to the defacto complainant. Suppressing the

said fact the defacto complainant managed to register the

present crime and further submitted that accused Nos.2 and 5

have already been granted anticipatory bail by the Sessions

Court as per Annexure-B order.

BAIL APPL. NO. 10202 OF 2022

6. The learned Public Prosecutor upon instructions

submitted that accused has misappropriated an amount of

Rs.2,85,000/-.

7. Considering the facts and circumstances of the case and

the nature of the allegations and taking into consideration that

the petitioner has no other criminal antecedents, I am of the

opinion that custodial interrogation of the petitioner may not be

required for the purpose of the investigation and only a limited

custody be granted for the same, I am inclined to grant

anticipatory bail to the petitioner.

In the result, this application is allowed. Petitioner shall

surrender before the investigating officer in Crime No.21/2022

of Thiruvallom Police Station, Thiruvananthapuram District,

on 27.12.2022 at 11 am and make himself available for

interrogation. The petitioner shall co-operate with the

investigation. It is directed that in the event of arrest of the

petitioner in Crime No.21/2022 of Thiruvallom Police Station,

Thiruvananthapuram District, he shall be produced before the

Jurisdictional Court on the same day and he shall be released

on bail subject to the following conditions:- BAIL APPL. NO. 10202 OF 2022

(i) The petitioner shall execute a bond for a

sum of Rs.50,000/- (Rupees fifty thousand

only) with two solvent sureties each for the

likesum to the satisfaction of the Jurisdictional

Court,

(ii) The petitioner shall appear before the

investigating officer in Crime No.21/2022 of

Thiruvallom Police Station,

Thiruvananthapuram District, on every

Saturday at 11.00 am until filing of the final

report,

(iii) Petitioner shall report to the investigating

officer as and when required for the

investigation,

(iv) The petitioner shall not attempt to

influence the defacto complainant or interfere

with the investigation or to influence or

intimidate any witness in Crime No.21/2022 of

Thiruvallom Police Station,

Thiruvananthapuram District, BAIL APPL. NO. 10202 OF 2022

(v) The petitioner shall not involve in any

other crime while on bail.

If any of the aforesaid conditions are violated, the

investigating officer in Crime No.21/2022 of Thiruvallom Police

Station, Thiruvananthapuram District, may file an application

before the jurisdictional Court, for cancellation of bail.

It is made clear that it is within the power of the police

to investigate the matter and if necessary to effect recoveries

on the information if any given by the petitioner even when

the petitioner is on bail as per the judgment of the Apex

Court in Sushila Aggarwal and others v. State (NCT of Delhi)

and another (2020 (1) KHC 663).

sd/-

VIJU ABRAHAM, JUDGE

R.AV