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2023 Supreme(Online)(KER) 6321

HIGH COURT OF KERALA
A. BADHARUDEEN, J
SABU T.S – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.K.S.SAJEEV KUMAR, SRI.P.G.MANU, SR.PUBLIC PROSECUTOR

O R D E R

Dated, this the 08th February, 2023 This is a petition filed under Section 438 of the Code of Criminal Procedure , by the petitioner, who is arrayed as the sole accused in Crime No.1654/2022 of Pathanamthitta Police Station, where he alleged to have committed offence punishable under Section 420 of Indian Penal Code, and the petitioner seeks anticipatory bail.

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

3. The prosecution allegation in this case is that the petitioner herein withdrawn Rs.1,79,500/- during the period between 10.08.2020 to 18.05.2021 by using cheques signed by Sadasivan, his father, from the pension amount given in favour of his father, even after the death of the father, without disclosing the death of the father. The further allegation is that the pension amount also was happened to be paid, since the petitioner suppressed his father's death. This is the premise on which the prosecution alleges commission of the above offence.

4. While pressing the relief of pre- arrest bail, the learned counsel for the petitioner would submit that the petitioner is innocent and he has no criminal intention to loot the money of

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