SANKAR RAJA M. V. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Section 438 of Cr.P.C seeking anticipatory bail.

(2.) The prosecution case, in brief, is that while the applicant was holding the post of Senior Manager of the Catholic Syrian Bank, M.G Road, Thrissur branch, he closed some gold loan accounts of customers by impersonation, and allegedly misappropriated the gold pledged in the Bank by them. At least four customers approached the bank with complaints, stating that without their knowledge their loan account had been closed and the gold redeemed from the bank and misappropriated. The applicant states that he is innocent, puts the entire blame on a lady named Jayasree, who was the 'Gold Mithra Agent' appointed by the bank. She was instrumental in inducing various customers to apply for and obtaining gold loans from the bank. The applicant as well as the Assistant Manager are also implicated as accused in the crime. The applicant was suspended and retired from service pending an inquiry. The Assistant Manager was subjected to penalty by a reduction in rank.

(3.) The applicant admits that he was the Manager. But he was not in the know of things regarding the closure of the gold loans and misappropriation of the gold by persons impersonating as customers. He totally disassociated himself with the crime and therefore he seeks anticipatory bail. It is pointed out that he is 61 years old and has retired from service. There is no possibility of his fleeing from justice. Amount due to him as retiral benefit is still retained by the bank, to make good the loss sustained by the customers.