Petition under Section 438 Cr.P.C. 2. Petitioner is the accused in Crime No.777/2014 of Central Police Station registered for the offences punishable under Sections 465, 466, 468, 471, 474 and 420 of the Indian Penal Code.
3. The allegation against the petitioner is that while he was in charge of lorry bearing Reg.No.KL 01 X 9346 and jeep bearing Reg.No.KL 01 AA 4478 of the A.R. Camp under the Kochi City Police, Ernakulam, he has forged and fabricated false indents as if the same were issued by the Motor Transport Inspector of the A.R. Camp by forging the signature and seal of the Motor Transport Inspector, and procured 1207 ltrs. of diesel from the Kerala State Civil Supplies Petrol pump, Ernakulam, thereby causing a wrongful loss of ₹70,510/- to the Police department and the Government. It is also alleged that he has made false entries in the vehicle diary by showing that the lorry had covered a distance of 3421 Kms. and the jeep had covered a distance of 9732 Kms.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned counsel for the petitioner has argued that the petitioner had never committed any forgery, as alleged. The matter has to be thoroughly investigated. The investigation is only in its initial stage. The custodial interrogation of the petitioner is required for the continued investigation of this case. Considering the seriousness of the allegations and the present stage of investigation, I am of the view that the petitioner is not entitled to the discretionary relief of anticipatory bail.
5. The learned counsel for the petitioner sought for an opportunity to the petitioner to surrender before the Investigating Officer in order 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.
Sd/-
B.KEMAL PASHA JUDGE dl // TRUE COPY // PA to Judge