Heard the learned counsel for petitioner and the

learned High Court Government Pleader and perused the

material on record.

2.

Complaint filed under Section 200 of Cr.P.C. by

the Manager of Canara Bank, SME Branch, Rambhavan

Complex, Kodialbail, Mangalore, against one Melwin

Noronha alleging offences punishable under Sections 403,

405, 406, 415, 420 and 471 of IPC was referred to police

for investigation, consequent to which, Cr.No.241/2016

came to be registered by Mangalore North Police station

against the said accused.

3.

It is alleged in the complaint that accused is a

customer of complainant’s bank and he availed a loan of

Rs.19,20,000/- on 02.12.2013 by executing necessary

documents in favour of the bank for purchase of a vehicle

by executing Hypothecation Agreement. It is stated that

as per the said agreement, the accused was supposed to

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repay the loan in 70 instalments, but he was irregular in

repayment of the loan and defaulted to pay loan amount

as per agreed terms in the loan agreement. Hence, his

loan account was classified as Non-Performing Assets.

Further, the hypothecated vehicle was also not traced.

On verification, it was learnt that the vehicle was sold by

the accused to the third party by using fake seal of the

Bank and forged signature. Hence, it is alleged that the

accused has committed the offence by misappropriating

the property, cheating and fabrication of the document.

4.

It is stated that the petitioner received the

police notice under Section 41(A) of Cr.P.C calling upon

him for an enquiry in respect of the present case, on the

ground that he was the manager of the bank at the

relevant point of time and he assisted the accused to

commit the offence and he has also colluded with him and

forged the signature and misused the bank seal.

However, except the bald allegations there is no material

at this stage to show the involvement of the petitioner,

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who is said to be the Manager of Bank at the relevant

point of time. It is seen that the police issued a notice

dated 21.04.2023 under Section 41(A) of the Cr.P.C.

calling upon the petitioner to appear before them for

enquiry, however, the petitioner has not complied with the

same, hence there is a reasonable apprehension of arrest

of the petitioner. The petitioner has not been arraigned as

an accused in the complaint. Petitioner has undertaken to

co-operate with the investigation and abide by other

conditions. Accordingly, the following:

ORDER

i.

The petition is allowed.

ii.

The petitioner/accused shall be released in the

event of his arrest in Crime No.241/2016 registered at

Mangalore North Police station, subject to following

conditions:

(1)

He shall appear before the I.O. within a

period of one week from the date of

receipt of a certified copy of the order

and shall execute a personal bond in a

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sum of Rs.1,00,000/- [Rupees one lakh

only] with one surety for the likesum.

(2)

He

shall

cooperate

with

the

investigation and shall not tamper with

the prosecution evidence/witnesses in

any manner.

(3)

He shall furnish his contact number and

proof of his residential address and

shall inform the Court regarding change

in the address/contact number, if any.

(4)

He shall be regular in attending the

Court proceedings.

Sd/-

JUDGE

TL

List No.: 1 Sl No.: 54