IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 Bail Appl..No. 4274 of 2009 CRIME NO.220/CR/EKM/2007 OF CBCID UNIT PETITIONER: -------------------- A.NIZMUDHEEN, THOPPIL GARDENT, THALIKUZHY, ADAYAMAN P.O., KILIMANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.M.ZIYAD SRI.SANU.S.PANICKER RESPONDENTS: --------------- 1. S.P. OF POLICE (CRIME BRANCH), THIRUVANANTHAPURAM. 2. C.I. OF POLICE, KILIMANOOR, THIRUVANANTHPAURAM. 3. S.I. OF POLICE, KILIMANOOR, THIRUVANANTHAPURAM. 4. CHIEF ENGINEER, PWD ROADS & BRIDGES, THIRUVANANTHAPURAM. 5. PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4274 OF 2009 ------------------------------------------------------ Dated this the 11th August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner apprehends arrest by the Crime Branch Police on an accusation of having committed a non-bailable offence. 2. The petitioner is a Government contractor. He was engaged in the contract work, namely, improvement to Edava- Ayiroor road. It is stated that the contract work was successfully completed in the year 2007. 3. On 6.11.2007, the Hill Palace Police detected that one Rajesh was handling forged invoices of bitumen as if those invoices were issued by the Indian Oil Corporation and Bharat Petroleum Corporation Limited. Investigation revealed that the forged invoices were being supplied to contractors by Rajesh and those forged invoices were being utilised by Government contractors for the purpose of making undue gain. Such forged invoices were being B.A. NO. 4274 OF 2009 :: 2 :: used by the contractors to make it appear that bitumen supplied by the Indian Oil Corporation and Bharat Petroleum Corporation Limited were actually used in the contract work, while the contractors did not get the supply from those Companies and they did not use such bitumen for the road work. It is alleged that crores of rupees belonging to the State Exchequer have thus being drained off at the instance of Government contractors. 4. The Hill Palace Police registered Crime No.819 of 2007 under Sections 468, 471, 474, 201 and 511 of 420 and Section 34 of the Indian Penal Code. It would appear that the case was transferred to CBCID and it was renumbered as Crime 220/CR/EKM/2007. Learned Director General of Prosecution submitted that after the case was made over to the CBCID, all the relevant files connected with the road works in the State by different agencies like PWD, Corporations, Municipalities etc. were examined. It was revealed that bogus and forged invoices were submitted by the Government contractors to show that they had taken large quantities of bitumen from the petroleum companies, while, in fact, they did not get those supplies from the companies nor did they use the same for the contract work. The inspection relating to such B.A. NO. 4274 OF 2009 :: 3 :: instances in Thiruvananthapuram District was almost complete and it was found that sixteen contractors were suspected to have made false claims on the basis of bogus invoices. 5. It is stated by the learned Director General of Prosecution that the petitioner had presented six bogus invoices and made false claims in respect of the cost of bitumen. According to the petitioner, he has never claimed to have used bitumen supplied by the petroleum companies and no invoices for having purchased bitumen from the petroleum companies were produced by him to make any claim. 6. It is submitted by the learned Director General of Prosecution that the evaluation of materials is continuing in all the districts and that it will take some time to finalise the matters and to register crimes against different individuals in different districts. It is pointed out by the learned Director General of Prosecution that there are more than one thousand cases in which bogus invoices were produced to make false claims. 7. Learned Director General of Prosecution submitted that the B.A. NO. 4274 OF 2009 :: 4 :: matters will be finalised without delay and crimes will be registered expeditiously. Investigation of those crimes also will be taken up and completed on a war footing. It is submitted that the cases involve swindling of huge sums and causing loss to the Government Exchequer to the tune of several crores. It is submitted that as such no crime is registered against the petitioner and the apprehension of arrest voiced by the petitioner is not genuine. 8. Learned counsel appearing for the petitioner submitted at this juncture that the petitioner may be permitted to withdraw the Bail Application. I do not think that it is necessary to grant permission to withdraw the Bail Application. Of course, the petitioner would be free to move an appropriate bail application at the appropriate stage, in spite of the fact that this Bail Application is being dismissed. 9. Money belonging to the Government Exchequer is money belonging to the people. Nobody should be permitted to make false claims and realise public money to which the claimants are not entitled to. Every citizen has a right to preserve the public resources and the public funds. It should not be allowed to be looted by a few organized sections of the society. Learned Director General of B.A. NO. 4274 OF 2009 :: 5 :: Prosecution assured that all that is necessary for registering the crimes and for a speedy investigation will be done and that the investigating agency would have no other consideration except the pursuit for truth. These submissions are recorded. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/