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
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B.A.No.617 of 2020
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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