ORDER

Apprehending arrest in connection with Crime No.2159 of 2016 of Thiruvalla Police Station registered for the offences punishable under Sections 406 , 420 r/w Section 34 of the Indian Penal Code , the petitioner/1st accused has moved this application under Section 438 of the Code of Criminal Procedure .

2. The FIR has been registered against this petitioner as well the other accused as early as on 01.08.2016 alleging that this petitioner while working as the Managing Director of a company by name 'Infinity Realcon Ltd' with its office at Thiruvalla had received a sum of Rs.8,80,000/- from the defacto complainant in fixed deposit, promising to return the same after the period fixed. But even after the amount has matured in fixed deposit, the same had not been returned to the defacto complainant and he misappropriated the same along with the other accused. Thus committed the aforesaid offences.

3. Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant as well the learned Public Prosecutor.

4. The learned counsel for the petitioner would submit that he was not the Managing Director of the Company. But he was only an employee and he had no conne