The main legal point established in the judgment is that the refusal to grant police custody remand and the hasty release on bail hampered the investigation, and the accused's non-cooperation justified further custodial interrogation.

JUDGMENT - TAHILRAMANI V.K., J.:---This is an application by the State for cancellation of bail as well as for granting of Police Custody Remand for a period of seven days.

2. Brief facts relating to this case, are as under :

The complaint was lodged by Shri Yuvraj Patil. The Assistant General Manager, Abhyudaya Co-op. Bank Ltd., Vashi Branch, Sector 17, Navi Mumbai on 28-7-2001. The F.I.R. was registered against the respondent/accused vide C.R. No. I-210/2001 under sections 409, 420, 463, 464, 471, 477-A of the Indian Penal Code and under sections 43, 65, 66 and 73 of Information Technology Act, 2000. It has been stated by the complainant in the complaint that respondent/accused Rajkumar K. Swami was working as a clerk in Abhyudaya Co-op. Bank Ltd., Vashi Branch, Sector 17, Navi Mumbai and looking after the maintenance and repair of the computers in the said bank since 1997 and all the accounts and transactions were computerised in the bank since 1995. The complainant has further stated that respondent/accused committed fraud to the extent of Rs. 81 lacs by opening fictitious accounts in his own name and manipulated the credit entries in the said accounts without depositing any amount, by tampering with the computer data in the computers, and he has withdrawn amounts from the said accounts and thus defrauded the bank.

During the course of investigation, it was revealed that the respondent/accused not only opened the fictitious accounts in his own name but also opened accounts in the name of his mother i.e. Andal K. Swami, sister Apsara K. Swami, Kunda Swami and wife Yogita Raj in the same Bank and also opened two accounts in his own name and manipulated the credit entries by tampering computer data in the computers. He had shown the amounts deposited in those accounts and thereafter withdrawn the said amounts from time to time and thereby defrauded the bank to the tune of more than Rs. 2,27,33,574-76.

During the course of investigation, Mrs. Yogita wife of respondent/accused and Mrs. Andal mother of the respondent/accused were arrested and thereafter released on bail, however the respondent/accused was absconding for more than 45 days and with great difficulty, he was arrested on 10-9-2001.

3. The respondent/accused was produced before the learned Judicial Magistrate, F.C., Vashi, on 11-9-2001 and the police made the Remand Application praying for police custody for 14 days, however, learned Magistrate was pleased to pass an order remanding the said respondent/accused herein to police custody till 18-9-2001 i.e. 7 days. During the said period, the accused was thoroughly interrogated. Since offence revealed was of peculiar nature, i.e. concerning the tampering of computer data in the computer and the accused was not co-operating with the investigating agency, a specialist from the computer company was called for, to ascertain the true facts as to manipulation of the entries made by the respondent/accused from time to time for a period of four years. The Investigating Officer was able to recover movable property in the nature of computer components which was purchased by the respondent/accused from the trained amount worth Rs. 23,85,085/- at the instance of the respondent/accused.

4. On 18-9-2001 the respondent/accused was produced before the learned Magistrate and the Investigating Officer submitted remand application praying for further remand to the police custody for 14 days as the accused is involved in a serious offence of misappropriation of public funds to the extent of more than Rs. 2 crs. and for effective investigation and thorough interrogation, it was prayed in the said remand application that the respondent/accused be remanded to police custody for a further period of 14 days in order to enable the I.O. to recover further amount of about Rs. 2 crores.

5. The learned Magistrate by order dated 18-9-2001 rejected the application for police custody remand and instead the respondent/accused was remanded to Magisterial cust

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