JAYARAJAN P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The applicant herein is the 2nd accused in Crime No.161 of 2018 of the Payyannur Police Station. In the aforesaid Crime, he along with the rest of the accused are proceeded against for having committed offences punishable under Sections 177, 406, 408, 409, 415, 418, 420, 468, 471 r/w. Section 149 of the IPC and under Section 65 of the Information Technology Act, 2000.

(2.) The applicant herein was the Secretary of the Payyanur Urban Co-operative Society. The said Society used to conduct Neethi Medical Store. During the period from 2014 to 2015, the 1st accused was holding the charge of the President and accused Nos. 3 to 7 were working as staff. The crux of the prosecution allegation is that the accused committed forgery and falsification of records and misappropriated a sum of about Rs. 48 lakhs.

(3.) The learned counsel appearing for the applicant would contend that the applicant was the Secretary of the Society and he has no role to play in the running of business or in dispensing the medicines. His duty is only to countersign the records prepared and produced by the Pharmacist, who is in- charge of the Medical Store. The 3rd accused was appointed by the Society to oversee the functioning of the Medical Store. The accused Nos. 4 to 7 were the salesman of the Medical Store and they were the ones, who had manipulated the records and had caused the loss. The learned counsel would also submit that the Pharmacist and the salesman except the 5 th accused have already been granted an order of pre-arrest bail by this Court by order dated 26.7.2018 in B.A.No.3114 of 2018. When the main culprits have been granted bail, there is no reason why this Court should refuse the said prayer to the applicant herein, is the submission.