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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Jitha, W/o. Biju – Appellant
Versus
State Of Kerala, Represented By The Public Prosecutor, High Court Of Kerala – Respondent
| Table of Content |
|---|
| 1. anticipatory bail sought in bank fraud and corruption case. (Para 1 , 2) |
| 2. prior bail granted; claims similarity to earlier case. (Para 3) |
| 3. prosecution details collusion in fake loans and property fraud. (Para 4) |
| 4. serious offences require custodial interrogation. (Para 5 , 6) |
ORDER :
A. BADHARUDEEN, J.
Accused Nos.28 and 29 in Crime No.165/CB/TSR/R/2021 of Crime Branch Economic Offences Wing, Thrissur, have filed this petition seeking anticipatory bail, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where they alleged to have committed offences punishable under Sections 406, 408, 417, 418, 420, 409, 465, 468, 471, 423, 477A, 201 and 120(b) r/w 34 of the Indian Penal Code (for short, 'the IPC' hereinafter) and under Sections 13(1)(c) and (d) r/w 13(2) of the Prevention of Corruption Act, 1988 (for short, 'the PC Act, 1988' hereinafter), and under Sections 13(1)(a) r/w 13(2) of the Prevention of Corruption (Amendment) Act, 2018 (for short, 'the PC (Amendment) Act, 2018' hereinafter).
2. The prosecution allegation is that the accused persons, who were employees and members of the Board of Directors of Karuvannur Service Co-operative Bank Ltd., No.
Anticipatory bail denied in serious bank fraud and corruption case due to need for custodial interrogation and non-cooperation.
Anticipatory bail in cases of grave socioeconomic offenses, such as large-scale financial misappropriation, is not permissible when custodial interrogation is essential for investigation and no subst....
Anticipatory bail is not maintainable in cases of serious economic offenses involving conspiracy and large-scale misappropriation of funds where custodial interrogation is required and there are no s....
Anticipatory bail cannot be granted when there is no change in circumstances following a previous dismissal of the application in cases of serious economic fraud.
Anticipatory bail should not be granted routinely in serious economic offences involving large-scale fraud, as custodial interrogation is crucial for effective investigation.
In economic offences, anticipatory bail can hinder investigations, thereby justifying its denial to maintain the integrity of the inquiry process.
Anticipatory bail is denied in cases of grave economic offences involving large-scale misappropriation of public funds and forgery, especially when prior bail applications were dismissed by the High ....
Anticipatory bail denied due to serious allegations of large-scale financial fraud, necessitating custodial interrogation to prevent evidence tampering and uphold public interest.
Anticipatory bail in serious financial offences is not granted where custodial interrogation is vital to recover missing voluminous records and trace misappropriated funds. Previous bail in similar c....
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