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2023 Supreme(Ker) 526

A. BADHARUDEEN
M. A. Mohanan Nair – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Anila Umesh.
For the Respondent: P.G. Manu.

ORDER :

1. This is an application for anticipatory bail filed by the 3rd accused in Crime No. 796/2019 of Konni Police Station, Pathanamthitta.

2. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. Perused the relevant documents available, including the report placed by the learned Public Prosecutor.

3. The prosecution case is that the accused in this crime, who are the President, the Secretary and other staff of Konni Regional Co-operative Bank (hereinafter referred to as the ‘Bank’) misappropriated an amount of Rs. 5,39,15,655.35/- (Rupees five crore thirty-nine lakh fifteen thousand six hundred fifty-five rupees and thirty five paise only) in the name of the members without their knowledge, by creating forged documents and using the same as genuine. Thus the prosecution allegation is that the accused committed offences of forgery, breach of trust as well as cheating punishable under Sections 468, 408, 409, 420 r/w 34 of the IPC.

4. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he is the peon of the Bank. Therefore, he could not commit the offence and the misappropriation is at the hands of the

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