ORDER :

This is an application for anticipatory bail filed under Section 438 Cr.P.C.

2. The petitioners are Accused Nos.6, 7 and 10 in the case registered as Crime No.240/2021 of the Museum Police Station.

3. The case was registered against the accused initially under Sections 408, 417 and 420 read with 34 of the Indian Penal Code. Subsequently, the offences punishable under Section 120B of the IPC and Section 13(1)(a) of the Prevention of Corruption Act, 1988 (as amended by Amendment Act of 2018) was incorporated.

4. The first accused was the Senior Clerk in the Scheduled Caste Development Office. Accused 2 to 10 in the case are the friends and relatives of the first accused. It is alleged that the first accused credited the money sanctioned by the Government, which was to be paid to various beneficiaries, to the bank accounts of accused 2 to 10 and thereafter got the amount withdrawn by them and paid to him. Therefore, it is alleged that the accused have cheated the Government as well as the real beneficiaries who were entitled to get the money under various schemes of the Government.

5. Heard learned counsel for the petitioners and the learned Public Prosecutor. Perused the statement filed by the investigating officer and also the case diary.

6. As per the order dated 07.05.2021, a learned Judge of this Court had granted interim bail to the petitioners in this application. The relevant portion of the aforesaid order reads as follows :

"I think in the facts and circumstances of the case, an interim order for the grant of anticipatory bail can be issued in this case for a limited period. If the petitioners are arrested in connection with the above crime, they shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the officer concerned. The investigating officer is free to summon the petitioners for interrogation after issuing notice under Sec.41A Cr.P.C.”

7. Learned counsel for the petitioners submitted that, on 05.05.2021, the second petitioner had surrendered before the investigating officer and he was arrested and produced before the Magistrate concerned on 06.05.2021. In the statement filed by the investigating officer it is mentioned that the Magistrate concerned had granted custody of the second petitioner to the investigating officer from 12.00 noon on 06.05.2021 till 15.00 hours on 07.05.2021.

8. Since the second petitioner was arrested even before the order dated 07.05.2021 passed by this Court, the application for anticipatory bail made by the second petitioner has become infructuous.

9. Learned Public Prosecutor has also submitted that the first and the third petitioners were arrested on 30.05.2021 and they were released on bail pursuant to the order passed by this Court on 07.05.2021.

10. The case against the first accused and the case against the first and the third petitioners, who are accused 6 and 10, stand on different footings. The allegations in the F.I.R as well as the statements of witnesses reveal that the first accused is the mastermind behind the entire operation conducted for embezzlement of money from the establishment in which he was employed. As far as the petitioners are concerned, even if the entire allegations against them are accepted as true, it can only be presumed that they had acted as facilitators to the crime committed by the first accused. Of course, the first and the third petitioners cannot pretend that they were not aware of the money which was credited to their bank accounts. The fact remains that there is an allegation against them that they withdrew the money and gave it to the first accused. Conspiracy between the accused to commit the crimes cannot be ruled out.

11. The learned Public Prosecutor submitted that, on sanction being granted for payment of money to the beneficiaries, the amount would be credited directly to the bank accounts of the beneficiaries from the treasu