P A JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application for anticipatory bail under Section 438 of the Code of criminal Procedure. The petitioner is accused No. 5 in Crime No. 171 of 2009 of mavelikkara Police Station.

(2.) THE offence alleged against the petitioner is under Sections 406 and 420 of the Indian Penal Code.

(3.) THE petitioner and three other accused persons moved for anticipatory bail in B. A. No. 1982 of 2009, but that application was dismissed by this Court, as per the order dated 15. 4. 2009. Learned counsel for the petitioner submitted that there is change of circumstance. The petitioner is aged 72 years. He is suffering from coronary artery disease/hypertension and chronic obstructive airway disease. It is stated in the certificate issued by Dr. Joby Abraham of the Ernakulam Medical Centre that it is likely that the petitioner has to undergo an operation on 14. 6. 2009 followed by bed rest. Learned counsel for the petitioner submitted that there is no allegation against the petitioner either by the de facto complainant or by anybody else, that he has received any amount or that he has issued any cheque. The petitioner stated that he deposited a sum of Rs. 12. 5 lakhs in the business concern of accused Nos. 1 and 2. When the petitioner demanded the money back, accused Nos. 1 and 2 informed the petitioner that he would be made a Director in the companies floated by them. Accordingly, the petitioner was made as a Director in three companies. Even in the affidavit filed before Court for getting custody of the first accused, it is submitted by the investigating officer that the main part was played by accused Nos. 1 and 2. Though the petitioner is a Director of the companies, it is submitted that he has no direct involvement. The counsel submitted that these facts and circumstances coupled with the physical condition of the petitioner would be sufficient ground in considering the request of the petitioner to grant anticipatory bail.