Petitioner is the second accused in Crime No.938 of 2014 of the Punalur Police Station for the offence punishable under Section 409 of the Indian Penal Code, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that the petitioner, while working as cashier trainee in the K.S.E.B misappropriated `1,15,302/-.
3. The learned counsel submits that allegations are not true. It is submitted that the computer was not working at the relevant time and hence amounts were collected from consumers manually and receipts given to them. It is also submitted that the petitioner was suspended from service and she has remitted `1,15,000/- as per Annexure-A2.
4. Learned Public Prosecutor submitted that telephonic instruction given is that the amount is remitted.
5. In the circumstances, I am inclined to think that the custodial interrogation of the petitioner is not required. Hence, I am inclined to grant relief but subject to conditions.
The application is allowed as under :
1. Petitioner shall surrender before the officer investigating the case on 26.06.2014 at about 10 am for interrogation.
2. In case interrogation is not completed that day, the petitioner shall appear before the officer investigating the case on any other day/days at reasonable time and place as directed by the investigating officer.
3. In case the petitioner is arrested, she shall be released by the arresting officer (if not required to be detained otherwise) on her executing bond for Rs.20,000/- (Rupees Twenty thousand only) with two sureties for the like sum each before the arresting officer 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 investigating officer as and when required for interrogation at all reasonable time and place.
c) Petitioner shall co-operate with the investigation of the case.
d) Petitioner shall not get involved in any offence during the period of this bail.
e) Petitioner shall not intimidate or influence the witnesses.
f) It is made clear that in case any of condition Nos.(b) to (e) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the jurisdictional magistrate as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).
AMV sd/-
THOMAS P. JOSEPH JUDGE /TRUE COPY/ P.A.TO JUDGE