K. THINAKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These are applications seeking anticipatory bail filed under Section 438 Cr.PC.

(2.) The very same applicant in both these bail applications is the first accused in two crimes, which were registered, namely Crime No.2/2020 of Upputhara Police Station and Crime No.153/2020 of Kottayam East Police Station, respectively, for having allegedly committed offences punishable under Sections 406 and 420 read with Section 34 IPC.

(3.) The prosecution case, in brief, is that the applicant, who is working as the Senior Veterinary Surgeon at Elappara Government Veterinary Hospital, Peermedu, Iduki District, dishonestly inducted the defacto complainants in these two crimes to deliver a sum of Rs.3,50,000/- and Rs.3,95,000/-, respectively, to the second accused under the intervention of the co- brother of the applicant, namely one Mr.M.Prakash Kumar and offered jobs to the complainants in Indonesia. Thereafter, no such job was arranged and the aforesaid amounts were allegedly misappropriated by the accused in this crime and thus they committed the offence. The applicant states that the allegations are not true and that the applicant's co-brother, Sri.M.Prakash Kumar has some financial dispute with certain individuals and in order to settle those disputes, the applicant has been deliberately implicated because he is a Government servant and is about to retire. Hence, the applicant is being used as a tool for settlement of those financial disputes involving his co-brother. He has no other criminal antecedents, apart from a number of cases which has been now registered against him with similar allegations regarding arrangement of the job. The applicant was already granted anticipatory bail by this Court in Crime No.45/2019 of Vandanmedu Police Station and Crime No.56/2019 of Idukki Police Station by common order in BA Nos.1713/2019 and 1720/2019. The applicant states that he is willing to cooperate with the investigation and there is no possibility of his absconding and therefore, he may be released on anticipatory bail.