Short question arising for a decision is whether a subordinate criminal Court entertain a petition for bail by person accused of a non bailable offence otherwise than under subclause (a) of the proviso to section 167(2) of the code of criminal procedure (for short, “the Code”) after a superior court declined to grant bail to such accused on merit.

2. For alleged misappropriation of about Rs.50,00,000/- while working as accounts officer of the complainant, a company, petitioner was arrested by police in the course of investigation of crime No.92 of 2009 of Binanipuram police Station. He preferred a petition before learned magistrate for bail. That petition was dismissed. Petitioner approached learned Sessions Judge requesting to invoke power under sec.439 of the Code. Learned Session Judge as per annexure-C, order dated 24-02-09 refused to grant bail observing that allegation against petitioner are serious, investigation is at the initial stage and that enormity of crime committed by is to be looked into. Learned Sessions Judge was satisfied after hearing counsel for petitioner and learned public prosecutor and perusing relevant records that prima case is made out against