~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioner is the 3rd accused in Crime No.768/2014 of Kozhinjampara Police Station registered for the offence punishable under Section 420 of the Indian Penal Code.
3. The allegation against the petitioner and the 1st accused is that they have misappropriated an amount of ₹84,00,000/- granted by the Central Government with the aid of NABARD, for disbursing it among the agriculturists, who are the members of the public, for specific projects. The scheme was managed by a committee consisting of 11 members, of which 1st accused was its President. The petitioner is the joint account holder along with the 1st accused. The petitioner is the representative of Hope Foundation, who was also the implementing agency.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The contents of the C.D. prima facie reveal the complicity of the petitioner. The investigation, so far conducted, has revealed that instead of issuance account payee cheques for the disbursement of amounts, the amounts were entered in bearer cheques. It is also alleged that after preparing bearer cheques, the 1st accused himself used to present it at the bank, and by affixing false signatures, used to appropriate the amount. It has come out that cheques were even encashed in the names of persons who had died one year back to the issuance of such cheques. Most of the said cheques were prepared and issued in the names of the relatives of the 1st accused. The investigation is not over. This is a case wherein custodial interrogation of the petitioner is required for the continued investigation of the case. Matters being so, I am of the view that this is not a fit case wherein anticipatory bail can be granted.
6. The learned counsel for the petitioner seeks for an opportunity to the petitioner to surrender before the investigating officer and to co-operate with the investigation.
In the result, this Bail Application is dismissed. At the same time, if so advised, the petitioner may surrender before the investigating officer within ten days from today and in such case, the investigating officer can interrogate the petitioner, effect recovery if any, and conduct the investigation and produce the petitioner without delay before the concerned Judicial First Class Magistrate's Court, where the petitioner can move for bail. In such case, the learned Magistrate shall pass appropriate orders, preferably on the same day itself, provided advance notice on such application has been given to the Assistant Public Prosecutor also.
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(B.KEMAL PASHA, JUDGE) aks/18/12 // True Copy // PA to Judge