Petitioner is the second accused in Crime No.1229 of 2013 of the Kadavanthra Police Station for the offences punishable under Sections 406, 420, 468, 471 read with Section 34 of the Indian Penal Code, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that for the supply of food articles tender submitted by M/s.United Trade Links was accepted by the State Civil Supplies Corporation.
`1,07,730/- was remitted by DD. The first accused produced Bank Guarantee for `4,30,970 allegedly of the Calicut City Service Co-operative Bank. Later it was revealed that the Bank Guarantee produced was a forged one. Investigation revealed that the petitioner is actively involved in creation of the forged Bank Guarantee. Interrogation of the petitioner is required.
3. Learned counsel submitted that to the first accused, this Court granted pre-arrest bail as per order dated 16.12.2013 in B.A.No.8152 of 2013.
4. I have gone through the copy of the said order and find that having regard to the nature of allegations made against the first accused, this Court found that his custodial interrogation is not necessary and granted relief subject to conditions which include deposit of `2,50,000/- with the Civil Supplies Corporation. On going through the CD file I find that there is reference to the (alleged) active involvement of the petitioner in forgery of Bank Guarantee and that too, for remuneration.
5. In the circumstances, request of the petitioner for pre- arrest bail cannot be allowed.
6. It is directed that in case the petitioner is arrested, he shall be produced before the jurisdictional magistrate as early a possible where it is open to the petitioner to raise all contentions and seek regular bail.
The application is disposed of as above.
AMV Sd/- THOMAS P. JOSEPH JUDGE /TRUE COPY/ P.A.TO JUDGE