Petitioner is accused, in Crime No.913 of 2014 of the Central Police Station, Ernakulam for the offences punishable under Secs.450 and 420 of the Indian Penal Code, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that the petitioner who is Assistant Cashier of the SBI, M.G Road Branch closed two accounts with the assistance of accused Nos.2 and 3, also officials of that branch and misappropriated a total sum of `8,09,560/-.
3. Learned counsel submits that it was not a case of misappropriation but, adjustment of the amount when there was a stale cheque as directed by the superior officers. It is submitted that the petitioner has deposited `9,00,000/- with the SBI, M.G Road Branch on 24.04.2014. It is submitted that the petitioner is under suspension pending enquiry.
4. Deposit of `9,00,000/- by the petitioner as aforesaid is confirmed by the learned Public Prosecutor. In the above circumstances, I am inclined to grant relief to the petitioner but subject to conditions.
Resultantly this application is allowed as under:
(i) Petitioner shall surrender before the officer investigating Crime No.913 of 2014 of the Central Police Station, Ernakulam on 12.06.2014 at 10 a.m for interrogation.
(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioner on other day/days and time as may be specified by him which the petitioner shall comply.
(iii) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
(iv) On such production the petitioner shall be released on bail (if not required to be detained otherwise) on his executing bond for `20,000/- (Rupees Twenty Thousand Only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of the petitioner.
(b) Petitioner shall report to the officer investigating Crime No.913 of 2014 of the Central Police Station, Ernakulam on all alternate Saturdays between 10a.m and 12p.m for a period of two months or till final report is filed, whichever is earlier.
(c) Petitioner shall report to the Investigating Officer as and when required for interrogation at all reasonable time and place.
(d) Petitioner shall not get involved in any offence during the period of this bail.
(e) In case the petitioner violates any of condition Nos.(b) to (d), it is open to the investigating officer to move the learned magistrate for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge