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2024 Supreme(Online)(KER) 31338

HIGH COURT OF KERALA
P. G. Ajithkumar, J
ANANTHU BABU – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
BIJU .C. ABRAHAM

O R D E R

This is an application for anticipatory bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

2. The petitioners are the accused in crime No.1982 of 2023 of Eravipuram Police Station. The offences alleged are under Sections 408 , 420 and 477-A read with Section 34 of the Indian Penal Code , 1860 and Section 92 of the Rights of Persons with Disabilities Act , 2016.

3. The prosecution case is as follows: the defacto complainant is a physically challenged person. The 1st petitioner was employed as a clerk- accountant in the gas agency of the defacto complainant. While working as such, the 1st petitioner committed defalcation of the accounts and misappropriated an amount of Rs.13,22,594/-. He along with his mother, the 2nd petitioner accepted the liability and agreed to repay the amount. A part of the amount was paid and regarding the remaining a cheque was given, but the same was returned ‘unpaid’ when presented for encashment. Thus the petitioners have committed the aforementioned offences.

4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

5. The learned counsel for the petitioners would contend that the crime was re

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