Ramachandran v. State (Bail Application)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. Badharudeen
Judgment Date: 2023-03-02
Court Decision / Holding: The petition is allowed. The petitioner Ramachandran is released on bail on a bond of Rs. 50,000 with two solvent sureties of like amount. Conditions: no intimidation or tampering with witnesses; cooperation with investigation; appearance as directed; no direct or indirect inducement to witnesses; surrender of passport within 7 days or file affidavit if none; refrain from any other offences during bail; copy of the order to SBI, Thenmala Branch.
Final Disposition: Petition allowed; bail granted.

Parties to the Case

Appellants / Petitioners

Ramachandran

Respondents

State of Kerala represented by the Public Prosecutor, High Court of Kerala, Ernakulam
Sub Inspector of Police, Thenmala Police Station, Kollam

Legal Representation & Advocates

Counsels for Petitioners

• K. Sudhinkumar
• P. Mohandas
• S. Nithin

Counsels for Respondents

• T. V. Neema, Senior Public Prosecutor

Case Synopsis & Summary

This is a regular bail application under Section 439 CrPC filed by Ramachandran, the sole accused in Crime No.1163/2022 of Thenmala Police Station, Kollam. The prosecution alleges that, while working as a clerk at SBI, Thenmala Branch, he procured documents from the de facto complainant, used forged documents to transfer and misappropriate funds totaling Rs. 1,20,600 and Rs. 6,23,600, thereby committing breach of trust and cheating under Sections 406, 420, 468 and 471 IPC. It is also alleged that he is an accused in a separate crime (Crime No.1163/2022) for further misappropriation of Rs. 1,50,000 on 04.11.2022 by obtaining signatures from an illiterate customer for renewing a fixed deposit receipt. The petitioner submitted that he has been in custody since 17.12.2022 and that the investigation has progressed; he urged grave considerations for grant of bail. The Public Prosecutor opposed bail, emphasizing the seriousness of the alleged offences and the bank’s loss, and noting the petitioner’s repeated involvement in similar misconduct. After evaluating custody, investigation progress, and the nature of the accusations, the court concluded that bail could be granted with conditions to prevent recurrence and ensure cooperation. The order directs release on bond with conditions, including non-engagement in further offences, witness protection, appearance, no inducement, passport surrender, and binding oversight by the Investigating Officer, with a copy of the order to the SBI Bank for information.

Provisions of Law Cited

Section 439 of the Code of Criminal ProcedureSections 406, 420, 468 and 471 of the Indian Penal Code

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends for regular bail on grounds of prolonged custody (since 17.12.2022) and the progress of investigation. He argues that the alleged offences, while serious, should be weighed against the fact that investigations are ongoing and that continued detention may not be necessary to secure the ends of justice. He asserts there is no allegation of weapon use or coercion; that he is a bank employee seeking to rectify his actions and should be able to cooperate with investigators and attend trial.

Contentions of Respondents

The Public Prosecutor submits that the accused, as a bank clerk, allegedly forged documents to misappropriate substantial sums, including Rs. 1,20,600 and Rs. 6,23,600, constituting breach of trust and cheating. The respondent emphasizes the gravity of the offences, the risk of further misappropriation, and the necessity to keep him under investigation. The existence of a separate pending crime (involving Rs. 1,50,000) indicates a pattern of deceit, reinforcing the case against bail.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 2[ND] DAY OF MARCH 2023 / 11TH PHALGUNA,** **1944** **BAIL APPL. NO. 555 OF 2023** **CRIME NO.1163/2022 OF THENMALA POLICE STATION, KOLLAM** ## **PETITIONER/ACCUSED :** **RAMACHANDRAN AGED 50 YEARS S/O BHANU, BANGLAVIL VEEDU, PATTARA, KALLARA P.O., THIRUVANANTHAPURAM, PIN - 695608** **BY ADVS. K.SUDHINKUMAR P.MOHANDAS (ERNAKULAM) S.NITHIN (ANCHAL)** ## **RESPONDENT/STATE & COMPLAINANT :** - **1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031** - **2 THE SUB INSPECTOR OF POLICE THENMALA POLICE STATION, KOLLAM, PIN - 691308** ## **BY SMT.T V NEEMA, SR.PUBLIC PROSECUTOR** **THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14.02.2023, THE COURT ON 02.03.2023 DELIVERED THE FOLLOWING:** B.A.No.555 of 2023 ..2.. ## **A.BADHARUDEEN, J.** **--------------------------------------------------------** ## **B.A.No.555 of 2023** **-------------------------------------------------------Dated this the 2[nd] day of March, 2023** ## **O R D E R** This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, by the petitioner who is the sole accused in Crime No.1163 of 2022 of Thenmala Police Station, Kollam. 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. I have perused the relevant materials forming part of the case diary produced by the learned Public Prosecutor. 4. The prosecution case, as could be read out B.A.No.555 of 2023 ..3.. from the materials placed by the learned Public Prosecutor, is that, the accused herein, who had worked as Clerk at SBI, Thenmala Branch, obtained documents from the defacto complainant for the purpose of getting his fixed deposits renewed and thereafter, by forging the above documents, he had transferred Rs.1,20,600/- from the account of one Vijayakumar to the account of one Santhosh Kumar. Later in the same fashion, he transferred Rs.6,23,600/- and misappropriated the said sum and thereby committed breach of trust and cheated the Bank. Accordingly, the prosecution alleges commission of offences punishable under Sections 406, 420, 468 and 471 of the Indian Penal Code. 5. The learned counsel for the petitioner pressed for grant of regular bail to the petitioner, on the submission that, the petitioner has been in custody from 17.12.2022. The learned counsel also pointed out the progress of investigation, while pressing for regular bail. B.A.No.555 of 2023 ..4.. 6. Whereas the learned Public Prosecutor zealously opposed bail in this matter, on the submission that, an Officer of the Bank cheated its customers, after creating forged documents and thereby, he had misappropriated Rs.1,20,600/- and Rs.6,23,600/-. It is submitted by the learned Public Prosecutor further that, the petitioner is an accused in another Crime No.1163 of 2022 of Thenmala Police Station where, the allegation was that he had withdrawn and misappropriated Rs.1,50,000/on 04.11.2022 by getting documents from an illiterated customer by obtaining the signature on the premise of getting the fixed deposit receipt renewed. It is submitted further that the petitioner has been in custody in the said crime also. 7. On perusal of the prosecution records, the prosecution case as to misappropriation of Rs.1,20,600/and Rs.6,23,600/- by the petitioner, who was working as Clerk at SBI, Thenmala by using forged documents is well B.A.No.555 of 2023 ..5.. established, prima facie. Further he had involvement in Crime No.1163 of 2022 of Thenmala Police Station on the allegation that he had committed similar offences. The involvement of the petitioner, who is clerk of a Bank, repeatedly, in cheating and defrauding the customers is a very serious matter. In this scenario, the Bank authorities must proceed against the petitioner to stop his misappropriation in future in accordance with law, since the allegations are very serious. Whether the Bank would allow this petitioner to continue as Clerk of the Bank is a matter of serious concern. 8. However, having considered his custody from 17.12.2022 and the progress of investigation, I am inclined to release him on bail on conditions and one among the conditions is that he shall not involve or indulge in any offence during the currency of bail and any such event, if reported or came to the notice of this Court, B.A.No.555 of 2023 ..6.. the same shall be a reason to cancel the bail hereby granted. In the result, this petition stands allowed and he is released on bail on the following conditions: i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court concerned. ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. iii. The petitioner shall appear before the Investigating Officer as and when directed. iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police B.A.No.555 of 2023 ..7.. officer. v. The petitioner shall surrender his passport, if any, within 7 days from the date of his release, before the trial court. If he has no passport, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter. vi. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted. Registry is directed to forward a copy of this order to the Manager, State Bank of India, Thenmala Branch for information. Sd/- ## **A.BADHARUDEEN, JUDGE** rkj B.A.No.555 of 2023 ..8.. ## **APPENDIX OF BAIL APPL. 555/2023** ## **PETITIONER ANNEXURES** **ANNEXURE-I TRUE COPY OF THE FIR IN CRIME NO. 1163/2022 OF THENMALA POLICE STATION** **ANNEXURE-II TRUE COPY OF THE ORDER OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, PUNALUR DATED 06.01.2023 IN CMP NO. 3829/2022** **ANNEXURE3 TRUE COPY OF THE MEDICAL RECORDS OF THE PETITIONER ISSUED BY DR.NAIR'S HOSPITAL DATED 18.12.2022**