Maneesh v. Kerala State

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 5TH DAY OF JUNE 2015/15TH JYAISHTA, 1937 Bail Appl..No. 2046 of 2015 () ------------------------------- CRIME NO. 121/2015 OF ALUVA WEST POLICE STATION (ALANGAD), ERNAKULAM DISTRICT ------------------ PETITIONER :

------------------ MANEESH, AGED 23 YEARS, S/O.MICHAEL, RESIDING AT PUNNATHARA HOUSE, MANAKKAPPADY, N. PARAVUR BY ADV. SRI.RAJIV NAMBISAN RESPONDENT :

--------------------- KERALA STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJURAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

K. ABRAHAM MATHEW, J.

---------------------- Bail Appl. No.2046 of 2015 -------------------------------------------- Dated this the 5th day of June 2015

O R D E R

Petition filed under Sec.438 Cr.P.C.

2. Petitioner was working as Manager cum Clerk at the petrol pump owned by the first informant. He quit the work. Thereafter it was noticed that he made false accounts and misappropriated about 7 lakhs rupees. This case has been registered for the offences under Secs.408, 465, 471 and 474 of Indian Penal Code.

3. Heard both sides.

4. Learned counsel for the petitioner submits that all the forged documents are in the possession of the first informant and custodial interrogation of the petitioner is not necessary.

5. Merely because forged documents are in the custody of the first informant anticipatory bail cannot be granted. There is a prima facie case against him. It is necessary to know how he falsified the accounts. His custodial interrogation is necessary.

In the result, the bail application is dismissed.

Bail Appl. No.2046 of 2015 2 Learned counsel for the petitioner submits that the petitioner will surrender before the investigating officer. He may do so if he is so advised.

Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge