GOPIKUTTAN Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS is an application for anticipatory bail under section 438 of the code of criminal procedure. The petitioner is the accused in Crime No. 286/2009 of vadakkancherry Police Station.

(2.) THE offence alleged against the petitioner is under Section 408 of the indian Penal Code.

(3.) THE prosecution case is that the petitioner who was working as a purchase manager in the hotel run by the defacto complainant, received an amount of Rs. 1,93, 243/- during the period from 1/04/2009 to 26/04/2009 for the purchase of fruits, vegetables, milk, fish, meat etc. He failed to pay amount to the suppliers and thus committed criminal breach of trust. The petitioner submits that the case is initiated against him because of the dispute between him and the defacto complainant. It is pointed out that no supplier has made claim against the defacto complainant. The learned public Prosecutor pointed out that one supplier of chicken has stated that he has not received full amount for the items supplied. The investigation is in progress. The petitioner apprehends arrest.