IN THE HIGH COURT OF KERALA
P. Bhavadasan, J.
Srinivasa Rao - Appellant
Vs.
State of Kerala - Respondent
B.A. Nos. 6271 & 6272 of 2012
Decided On : 09-10-2012
Criminal Procedure Code, 1973 - Section.438 - Arrest - Direction for grant of bail to person apprehending arrest - Under what circumstances - Held, Courts while exercising power under S.438 Cr.P.C. to be extremely careful and examine the entire available records and scrutinize the allegations against the petitioner. The courts are also to see whether there are other corroborative materials to substantiate the allegation. On going through the above decision, it is found that if the person who applies for anticipatory bail is found to be fully co-operating with the investigation and there is no reason to believe that he will not do so in future also, the discretionary relief can be exercised in his favour
P. Bhavadasan, J.
The petitioner, at the time of the filing of these applications, was not arrayed as the accused in Crime No. 216 of 2006 of Chengamanad Police Station, which, after the C.B.C.I.D. has taken over investigation, was re-numbered as Crime No. 135/CR/SII/06 and in Crime No. 217 of 2006 of Chengamanad Police Station, which, after C.B.C.I.D. took over investigation, was re-numbered as Crime No. 134/CR/SII/06. These applications were filed on the basis that the petitioner bona fide believed that he would be made as an accused and arrested in these two cases. The allegations against the petitioner in these two cases appear to be that he was responsible for stamping forged visa in the passports of three persons, who were made to pay huge sums on promise of getting a job in South Africa. There are other accused persons in these two cases. According to the allegations, the victims were promised job in a supermarket at South Africa, and one Preethy Mathew, who is the first accused and Vinod, the second accused, received huge amounts from them and they handed over the passports to the third accused, namely, Antish David. He in turn got in touch with the petitioner herein, who was working as the Deputy Central Intelligence Officer, and on making payments to him got the visa stamped in the passports of the respective persons. When those persons reached the Air Port at Johannesburg, they were detained on finding that their visas are forged and they were deported. Petitioner and others are alleged to have committed offences punishable under Ss. 468 and 420 read with S. 34 I.P.C.
2. The petitioner, in these two applications, would point out that he has been unnecessarily dragged into the cases with ulterior motive. The petitioner is a Senior Police Officer, who has been working in the Intelligence Bureau, has rendered 26 years of unblemished service. He joined the service in 1985 and since then he has been the recipient of several awards recognizing his meritorious, sincere and honest service in the department. It is pointed out that in 2004 he was presented an encomium for the exemplary service rendered by him. According to him, at the relevant time, he and his family were residing in Delhi, though the petitioner was posted at Meerut, considering the education of his children, he had sought permission of the authority concerned to retain his official residence at Delhi and go for work at Meerut. At Meerut, the petitioner was working as Deputy Central Intelligence Officer.
3. According to the petitioner, a person by name Sambasiva Rao, who hails from the native place of the petitioner, namely, Andhra Pradesh, introduced one Ram Mohan to him. Sambasiva Rao happens to be a distant relative of the petitioner. Ram Mohan, who is stated to be a citizen of Muzambi, made the petitioner believe that he wanted to acquire skills in Software Engineering from some recognized institutions in New Delhi. Since the person had been referred by Sambasiva Rao, who is known to the petitioner, the petitioner made arrangements for him. A good relationship developed between the petitioner and Ram Mohan. Ram Mohan was allowed to use the bank account of the petitioner's daughter and her residential address for receiving communications by Ram Mohan. Certain amounts were withdrawn through that account by Ram Mohan. Petitioner would say that Ram Mohan had occasion to borrow certain amounts from him and finally Ram Mohan gave him a cheque for Rs. 49,999/-, which he encashed and after taking Rs. 33,000/- which was due to him from Ram Mohan, the balance was paid to Ram Mohan. Petitioner says that he did not know that the said Ram Mohan was involved in visa racket and that he was the member of a group involved in such fraudulent activities. Petitioner would point out that the encashment of the cheque given to him by Ram Mohan was prior to the deportation of the two persons from South Africa and that would show that he had no connection with the incident. T
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