IMPORTANT POINT
The main legal point established in the judgment is the importance of custodial interrogation for effective investigation in cases involving serious offenses and deep-rooted conspiracies.

JUDGMENT

Swarana Kanta Sharma, J. - The instant application under Section 438 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of applicant seeking anticipatory bail in case FIR No. 248/2015, registered at Police Station IGI Airport, Delhi for the offences punishable under Sections 420/468/471/120B of the Indian Penal Code, 1860 (`IPC') and Section 12 of the Passport Act, 1967.

2. Issue notice. Mr. Naresh Kumar Chahar, learned APP accepts notice on behalf of State.

3. Brief facts of the present case are that on 24.06.2015, a passenger Jarnail Singh was intercepted at IGI Airport by an immigration official and he was found to be in possession of passport with fake Schengen Visa. He had disclosed that one Jaswinder Singh @ Barmi had arranged this fake Visa on the advance part payment of Rs.4 lakhs and the remaining amount of Rs.4.5 lakhs were to be paid upon his arrival at Italy.Thereafter, co-accused Jaswinder Singh @ Barmi was arrested who had disclosed that he had arranged journey of the passenger Jarnail Singh with the help of his co-associates Rajan Kumar and Tarsem Singh and had paid them Rs.4 lakhs in the account of Rajan Singh. During investigation, co-accused Rajan Kumar was arrested who had disclosed that he works for ICAZUAL Entertainment India Private Limited, Chennai and its Director Mr. Prince J. Mathuram i.e. present applicant. He had further disclosed that he had transferred a sum of Rs.2 lakhs in the bank account of the present applicant and Rs.2 lakhs were deposited in the account of Godwin Jayachandran, who is the real brother of the present accused/applicant. The present accused/applicant could not be arrested during investigation as he was out of India and LOC was issued against him. Upon his arrival, he was arrested in some other case, but he did not join the investigation in the present case.

4. Learned counsel for the applicant/accused argues that the I.O. had not served notice under Section 41 of Cr.P.C. to the present accused for joining investigation. It is further argued that the applicant is ready to join investigation as and when required by the I.O. It is also stated that the applicant was in detention centre as he did not have a valid visa and was arrested in another case and was in judicial custody, and therefore, there was no occasion for him to have not deliberately joined investigation. It is also submitted that chargesheet has also been filed in this case and since the applicant was not arrested during investigation, he cannot be arrested pursuant to filing of chargesheet. Therefore, it is prayed that the applicant be granted anticipatory bail.

5. Learned APP for the State, on the other hand, argues that the present accused/applicant has criminal antecedents and the facts of the present case reveal a deep rooted conspiracy. It is further argued that the applicant is the mastermind of this entire syndicate of preparation of fake visas and, thus, custodial interrogation of the accused is required for the purpose of effective investigation. It is further argued that the accused could not be traced despite best efforts by the I.O. as he had fled to UK and therefore, LOC had been issued against him. It is also argued that he is the main conspirator and, therefore, his prayer for grant of anticipatory bail be rejected.

6. This Court has heard arguments addressed by learned counsel for the applicant as well as learned APP for the State and has perused the material available on record.

7. In the present case, this Court is of the opinion that it is apparent from the record that the present accused/applicant had not joined investigation and could not be traced by the investigating agency as he had fled to UK and LOC had to be ordered to be opened against him. The facts of the case also reveal that the co-accused Jarnail Singh had come as a deportee from Italy as he was arrested there on the allegations that the Schengen Visa No. 002964536 affixed at page no. 7 of the passport of t