Petitioner is accused in Crime No.549 of 2014 of the Nemmara Police Station for the offences punishable under Sections 409 & 420 of the Indian Penal Code, apprehends arrest and has filed the application. 2. The learned Public Prosecutor has opposed the application. It is submitted that the petitioner was working as clerk in the South Indian Bank, Nemmara Branch and transferred `91,300/- from the inactive account of one Balasubramaniam to the account of one Manoj and later using an ATM card (which facility was not provided to the said Manoj) withdrew the said amount and committed offences as alleged. Petitioner is involved in Crime No.147 of 2011 for offence punishable under Section 420 of IPC.
3. The learned counsel submits that allegations are not true. According to the counsel, transfer of amount from the account of Balasubramaniam to Manoj was through computer and petitioner happened to operate that computer 14 minutes after the amount was transferred to the account of Manoj. It is also submitted that 18 minutes prior to the amount being withdrawn from the account of Manoj with ATM card, another staff of the Bank had made transactions through the same computer. It is also submitted that the petitioner was placed under suspension and the above facts were revealed in the domestic enquiry. A further fact the learned counsel has pointed out is that the alleged incident occurred about two years back.
4. I am inclined to think that these matters are to be looked into by the investigating officer. He has to verify whether the petitioner is falsely implicated or not. A blanket order of pre-arrest bail would affect the investigation. Hence, the request for pre-arrest bail cannot be allowed. But, I am inclined to issue directions.
The application is disposed of as under :
1. Petitioner shall surrender before the officer investigating the case on 25.06.2014 at about 10 am for interrogation.
2. In case interrogation is not completed that day, the petitioner shall appear before the officer investigating the case any other day/days and time as directed by the investigating officer.
3. In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day, where it is open for the petitioner to request for regular bail with intimation given to the Assistant Public Prosecutor concerned at least three working days in advance.
4. If custody of the petitioner is required for any purpose, the investigating officer can move application for the purpose.
5. Learned magistrate shall consider the application(s) having regard to all relevant circumstances including whether custody of the petitioner is required for any purpose and pass appropriate orders as early as possible.
AMV Sd/- THOMAS P. JOSEPH JUDGE /TRUE COPY/ P.A.TO JUDGE