Judgment · High Court · 2007

R.BASANT, J------------------------------------B.A.No.7487 of 2007-------------------------------------Dated this the 12th day of December, 2007ORDERApplication for anticipatory bail. Petitioner faces allegationsin a crime registered under Section 409 I.P.C. The petitioner wasthe person in charge of the stock in a Beer parlour run by theKerala State Co-operative Consumer Federation. There was achange of the incumbent in charge of the said outlet. Anotherperson had come to take charge. It was found on verificationthat there was huge deficit of stock. The employer alleges thatthe petitioner had misappropriated the stock. Beverages of thevalue exceeding Rs.2.3 lakhs were found to be short in the stock. Investigation is in progress. The petitioner apprehends imminentarrest.2.The learned counsel for the petitioner submits that thepetitioner is innocent. The petitioner was only a sales helperthough he was in charge of the stock. It is only on the complaintof that person, who relieved the petitioner that proceedings havebeen initiated against him. The said coworker-one Christopher had B.A.No.7487 of 20072not raised any prompt allegations when he took over the stock. Long later, the complaint has been raised. The petitioner may, inthese circumstances, be granted anticipatory bail, it is prayed.3.The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the huge deficit ofstock is a clinching pointer to the culpable misdeeds of thepetitioner. In any view of the matter, the petitioner does notdeserve to be granted anticipatory bail. He may be directed tosurrender before the Investigating Officer or the learnedMagistrate and seek regular bail, submits the learned PublicProsecutor .4.I have perused the case diary. I find merit in theopposition by the learned Public Prosecutor. I am unable to findany features in this case that can justify or warrant theinvocation of the extraordinary equitable discretion under Section438 Cr.P.C. This, I agree with the learned Public Prosecutor, is afit case where the petitioner must appear before the learnedMagistrate having jurisdiction or the Investigating Officer andthen seek bail in the regular and ordinary course. B.A.No.7487 of 200735.This application is, in these circumstances, dismissed, but I may hasten to observe that if the petitioner surrendersbefore the Investigating Officer or the learned Magistrate andapplies for bail after giving sufficient prior notice to theProsecutor in charge of the case, the learned Magistrate mustproceed to pass appropriate orders on merits and expeditiously.(R.BASANT, JUDGE)rtr/-