BINESH BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under section 438 of the Code of Criminal Procedure.

(2.) The petitioner in Bail Application No.7268 of 2017 is the second accused and the petitioner in Bail Application No.7207 of 2017 is the 3rd accused in Crime No.1539 of 2017 of the Ernakulam Town South police station registered alleging offence punishable under Sections 405 , 408 , 409 , 415 , 420 & 120(b) read with Sec.34 of the IPC .

(3.) It is on the basis of a complaint filed by one Sony Joseph, who is the Manager of ITL Tours and Travels Pvt. Ltd., Kochi, that the crime was registered. The 3rd accused is working as the Accounts Manager of the Complainant Company in its Kochi Branch and the 2nd accused is a sub agent. According to the prosecution, the petitioner herein with intent to cheat the de facto complainant gave credit facility to the 2nd accused , who ignoring the directives and company practices and thus caused wrongful loss to the company. It is also alleged that the petitioner herein who was entrusted with the dominion of the funds of the de facto complainant, dishonestly misappropriated the same and converted it to his own use. Specific case of the complainant is that during the period from 1.04.2017 to 12.04.2017 air tickets to the tune of Rs.15,54,528/- was arranged by the 3rd accused in favour of the customers of the 2nd accused as requested by them, though it was against accepted Company procedure and mandates. The said amount has not been repaid by the 2nd accused till date. The outstanding liability as on date is about Rs.22 lakhs, according to the de facto complainant.