Point of Law: Bail applications in subordinate courts should be decided within one week and in High Courts within two-three weeks.

ORDER :

1. This is an application for anticipatory bail filed by the 3rd accused in Crime No. 796/2019 of Konni Police Station, Pathanamthitta.

2. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. Perused the relevant documents available, including the report placed by the learned Public Prosecutor.

3. The prosecution case is that the accused in this crime, who are the President, the Secretary and other staff of Konni Regional Co-operative Bank (hereinafter referred to as the ‘Bank’) misappropriated an amount of Rs. 5,39,15,655.35/- (Rupees five crore thirty-nine lakh fifteen thousand six hundred fifty-five rupees and thirty five paise only) in the name of the members without their knowledge, by creating forged documents and using the same as genuine. Thus the prosecution allegation is that the accused committed offences of forgery, breach of trust as well as cheating punishable under Sections 468, 408, 409, 420 r/w 34 of the IPC.

4. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he is the peon of the Bank. Therefore, he could not commit the offence and the misappropriation is at the hands of the 1st accused, the Secretary, 2nd accused, the junior clerk and the President of the bank. According to the learned counsel appearing for the petitioner, the petitioner is absolutely innocent, and therefore, the petitioner deserves anticipatory bail.

5. The learned Public Prosecutor submitted that very serious offences are alleged to be committed and the amount would come to Rs. 5,39,15,655.35/- (Rupees five crore thirty-nine lakh fifteen thousand six hundred fifty-five rupees and thirty-five paise only). However, the learned Public Prosecutor placed the report of the Investigating Officer dated 19th July, 2023 to the effect that, in this matter, the investigation has been completed and charge sheet/final report already filed before the Judicial First Class Magistrate’s Court-II, Pathanamthitta on 22.07.2021 and the matter has been pending as C.C. No. 656/2021.

6. Before addressing the merit of the anticipatory bail application, I am inclined to refer a shocking aspect in this matter. It is anxious to note that, this anticipatory bail application was originally filed on 16.02.2021 and the same has been pending since 16.02.2021. It is to be noted that as on 18.02.2021, when this bail application posted for admission, this court passed an interim order ‘not to arrest the petitioner’ and banking on the said order the petitioner avoided arrest and his aid in the matter of investigation has been well avoided. Consequently, investigation was completed without questioning the petitioner and without collecting materials to prove the allegation of forgery based on his statement.

7. Thereafter, this matter was again placed before the Court dealing with bail application on 26.02.2021, and then the de facto complainant got impleaded as additional 3rd respondent. After issuing notice to the additional 3rd respondent, this case was posted on 18.03.2021. Thereafter, this case never posted before the appropriate bench and it was posted for the first time before this bench on 19.07.2023, that is after expiry of two years and four months on maintaining the interim order restraining the arrest of the petitioner. It is relevant to note that, in view of the interim order passed by this court ‘not to arrest the petitioner’ the petitioner was not arrested and even without questioning and recording the statement of a prime accused, who is one among the staff alleged to be involved in the misappropriation of Rs. 5,39,15,655.35/- (Rupees five crore thirty-nine lakhs fifteen thousand six hundred fifty-five rupees and thirty-five paisa only) by forging documents cleverly avoided his arrest without cooperating with the investigation. During the pendency of this petition, investigation was completed and final report filed. Whether the final report was filed after effective investigat