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Judgments of Supreme Court of India and High Courts

Sumil Kumar A.K vs State Of Kerala on 23 March, 2020

B.A.No.617 of 2020 1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

MONDAY, THE 23RD DAY OF MARCH 2020 / 3RD CHAITHRA, 1942

Bail Appl..No.617 OF 2020

CRIME NO.96 OF 2020 OF CHEVAYUR POLICE STATION, KOZHIKODE DISTRICT.

PETITIONER:

SUMIL KUMAR A.K.,
AGED 29 YEARS
S/O. SUNDARAN A.K., ASARI KANDI HOUSE,
KULAMPADANNA, MANKAVU P.O., KOZHIKODE DISTRICT-
673007.

BY ADV. SHRI.T.K.AJITH KUMAR

RESPONDENTS:

1 STATE OF KERALA,
CHEVAYUR POLICE STATION, MARIKUNNU P.O., KOZHIKODE
DISTRICT, PIN-673012.

2 SUB INSPECTOR OF POLICE,
CHEVAYUR POLICE STATION, MARIKUNNU P.O., KOZHIKODE
DISTRICT-673012.

3 SIVANANDAN PALAT,
ACCOUNTANT, SABARI DISTRIBUTION PVT. LTD., V/950C,
KUTTIKKATTUKARA P.O., ALUPURAM, ELOOR-PATHALAM
ROAD, KALAMASSERY, ERNAKULAM DISTRICT, PIN-683501.

R3 BY ADV. SRI.S.K.AJAY KUMAR
R3 BY ADV. SMT.PRIYA. H.
R3 BY ADV. SRI.NAVEEN THOMAS

OTHER PRESENT:

SRI.REMESH CHAND GOVERNMENT PLEADER

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.617 of 2020 2

P.V.KUNHIKRISHNAN, J
——————————–
B.A.No.617 of 2020
——————————–
Dated this the 23rd day of March, 2020

ORDER

This application is filed under Section 438 Cr.P.C.

2. The petitioner is the accused in Crime No.96 of 2020 of

Chevayoor Police Station. The above case is registered alleging

offence punishable under Section 406 IPC.

3. The prosecution case is that the petitioner, while working

as delivery boy in Sabari Distribution Pvt. Ltd., misappropriated

the product entrusted to him.

4. Heard the Public Prosecutor and the counsel for the

petitioner.

5. The Public Prosecutor opposed the bail application. The

counsel for the petitioner submitted that he is only a delivery boy

of the firm and there was some items missing and the case is

registered. According to him, he is not involved in the case.

6.This court on 12.3.2020 passed an interim order which is

extracted here under:

B.A.No.617 of 2020 3

“Arrest of this accused will stand deferred
for a period of ten days from today. Post on
23.3.2020”.

7. After hearing both sides, according to me, this is a fit case

in which, no custodial interrogation is necessary. The crux of the

allegation is that some products of the firm are missing, which

can be verified through records. In such situation, this bail

application is allowed on the following conditions.

1) The petitioner shall surrender before

the Investigating Officer within ten days.

2) In the event of his arrest by the

Investigating Officer, he shall be released on

bail on executing a bond for Rs.10,000/-

(Rupees Ten thousand only) with two solvent

sureties each for the like sum to the

satisfaction of the Court.

3) The petitioner shall appear before the

Investigating Officer as and when required.

Sd/-P.V.KUNHIKRISHNAN, JUDGE

cms
B.A.No.617 of 2020 4

APPENDIX

PETITIONER’S EXTS

ANN.A1:-COPY OF COMPLAINT DTD 2.1.2020 SUBMITTED BY THE WIFE OF THE
PETITIONER BEFORE THE CITY POLICE COMMISSIONER, KOZHIKODE

ANN.A2:- COPY OF THE LETTER PREPARED BY R3 AND COMPELLING THE PETITIONER TO
SIGN IN IT.

Cms /True copy/ P.S.to Judge

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