Petition filed under Section 438 Cr.P.C. 2. Petitioner is the accused in Crime No.1669/2014 of Thrissur East Police Station, registered for the offences punishable under Sections 406, 409 and 420 of the Indian Penal Code.
3. The allegation against the petitioner is that while he was working as the Marketing Executive of GKB HI-TECH Lenses Private Limited, Thrissur branch, he committed misappropriation and criminal breach of trust, by not depositing huge amounts due to the institution, which came into his hands from the customers.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor. According to the learned counsel for the petitioner, the company has not produced the audited accounts and therefore, the amount shown is incorrect. He has also pointed out that the crime has been registered on the basis of a private complaint filed by the de-facto complainant before the court below, which was referred to the Police under Section 156(3) of Code of Criminal Procedure.
5. On a perusal of the case records, it has come out that the de-facto complainant has specifically mentioned that the petitioner has collected an amount of ₹12,99,122.96 from various customers through his bank account and he has not accounted the said amount also in the accounts of the Company. Even that amount has not been paid to the Company. There are some other specific allegations also. According to the de-facto complainant, a total amount of ₹21,520,86.76 was misappropriated by him, including the aforesaid total amount collected from the customers through his bank account. The contents of the C.D. prima facie reveal the complicity of the petitioner. The investigation has a long way to go. The custodial interrogation of the petitioner is required for the continued investigation of this case. Matters being so, the petitioner is not entitled to the discretionary relief of anticipatory bail.
In the result, this Bail Application is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge