Kamalassanan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 21ST DAY OF JULY 2015/30TH ASHADHA, 1937 Bail Appl..No. 3926 of 2015 () ------------------------------- CRIME NO. 440/2015 OF PUNNAPRA POLICE STATION , ALAPPUZHA DISTRICT ------------------ PETITIONER/ACCUSED NO. 2:

------------------------------------------------- KAMALASSANAN, AGED 78 YEARS, S/O DAMODHARAN, RESIDING AT KARAPARAMBU(ASSARIPARAMBU), PUNNAPARA, ALAPPUZHA DISTRICT.

BY ADVS.SMT.P.K.PAMALA SRI.R.NIKHIL SRI.P.ABDUL RAZAK RESPONDENT(S)/STATE/COMPLAINANT:

----------------------------------------------------------------

1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031

2. THE SUB INSPECTOR OF POLICE, PUNNAPRA POLICE STATION, ALAPPUZHA DISTRICT- 688 004 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

K. ABRAHAM MATHEW, J.

==================== B.A.No. 3926 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of July, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is alleged to have committed the offences under Sections 406, 409, 463, 464, 465, 468 read with Section 34 of the Indian Penal Code, 1860. He was Secretary of the S.N.D.P. Sakha Union, No. 241. The prosecution case is that he along with the other office bearers of the Sakha made false entries in the account books and misappropriated the fund of the Sakha. 3.

Heard.

4.

Learned counsel submits that he was the Secretary of the Sakha for a long period and he held other offices also. He is 78 years old. Having regard to his age alone, I am inclined to grant his prayer.

In the result, this application is allowed.

1)The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only)for the like sum if he is arrested by the Police in connection with this case.

B.A.No. 3926 of 2015 ::2::

2)He shall appear before the Investigating Officer for interrogation if he is so required by him in writing. 3)He shall not get himself involved in any other criminal case while he is on bail.

If the petitioner surrenders before the Magistrate this order is not applicable and the learned Magistrate may pass appropriate orders.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge