Petition under Section 438 Cr.P.C. 2. Petitioner is the accused in Crime No.1386/2014 of Tirur Police Station, Malappuram District registered for the offences punishable under Sections 409 and 201 IPC.
3. The allegation against the petitioner is that during the period from 01.01.2012 to 31.08.2012, the petitioner who was working as Section Clerk at the Taluk Supply Office, Tirur, ordered supply of excess quantity of ration articles than what was permitted, to the Whole Sale Ration Dealers without obtaining orders from the higher ups, thereby causing wrongful loss to the Government. The crime was registered on the basis of a complaint preferred by the Taluk supply Officer on 07.10.2014.
4. Heard learned Senior Counsel for the petitioner and learned Public Prosecutor.
5. The learned Senior Counsel for the petitioner has pointed out that the petitioner, who is a Lower Division Clerk, is unnecessarily made a scapegoat for the wrongs committed by the Taluk Supply Officer and others. It has been pointed out that without the knowledge and consent of the higher ups, the petitioner has never issued any orders of supply.
6. The learned Public Prosecutor has reported that even though the investigating officer had issued a written notice on 16.10.2014 to the Taluk Supply Officer, thereby calling for details and the records specifically, so far the Taluk Supply Officer has not turned up to comply with the demand forwarded in the said notice issued under Section 91 Cr.P.C. It seems that after making such a complaint, the Taluk Supply Officer is not co-operating with the investigation. The investigating officer could not so far collect any incriminating materials against the present petitioner. From the facts and circumstances of the case and on account of the deliberate non-co-operation of the Taluk Supply Officer in the investigation, this Court is of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
7. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his executing a bond for ₹25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Sundays, commencing from 09.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
DSV/05/11 // True Copy // Sd/-
B.KEMAL PASHA, JUDGE P.A. To Judge