IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Bail Appl..No. 7687 of 2007() ----------------------------- CASE NO. RC 15(A) 07 CBI-SPE., COCHIN PETITIONER/ACCUSED ----------------------------------- JOBY V.MATHEW, AGED 35 YEARS, S/O.MATHEW, KALLEPARAMBIL, PATTITHANAM P.O. ETTUMANNOOR, KOTTAYAM DIST. BY ADV. SRI.AVM.SALAHUDIN SMT.VIJAYAKUMARI RESPONDENTS: COMPLAINANT ------------------------ CENTRAL BUREAU OF INVESTIGATION, SPE, COCHIN. BY SRI.S.SREEKUMAR, SC FOR CBI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 7687 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of January, 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered, inter alia, for the offences punishable under Sections 120B and 420 I.P.C. and Section 13 of the Prevention of Corruption Act. Allegations are raised that official of a bank in conspiracy with others, including the petitioner, had schemed to siphon out a huge amount exceeding to Rs. 4 Crores from the coffers of the bank. In pursuance of the conspiracy 43 applicants were put up and on the strength of their applications amounts were allegedly taken away from the bank. The petitioner allegedly was one of the prime conspirators. It is alleged that he had acted culpably to secure the signatures of the said applicants. Some of them were blissfully ignorant of the scheme of the petitioner and others. The petitioner has been absconding and is not available for interrogation. Investigation B.A.No. 7687 of 2007 2 is in progress. The petitioner apprehends that the C.B.I. may arrest him at any moment. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He has no role in the alleged crime. He has not conspired with any of the bank officials. He is willing to co-operate with the Investigators. He shall appear and explain that he is innocent. Subject to appropriate conditions anticipatory bail may be granted to the petitioner, it is prayed. 3. The learned counsel further submits that it is totally false and incorrect to assert that the petitioner has been absconding. The child of the petitioner is ill and in connection with the treatment of the child, the petitioner has been compelled to go abroad, where his wife is employed as a Nurse. 4. The learned Standing Counsel for the C.B.I. opposes the application vehemently. He submits that the available indications point to the complicity of the petitioner. The petitioner must make himself available for interrogation. There is absolutely no necessity to permit the petitioner to arm himself with an order of anticipatory bail at this B.A.No. 7687 of 2007 3 stage. Only if the interrogation of the petitioner confirms the complicity, shall he be arrested and further steps taken against him. In these circumstances directions under Section 438 Cr.P.C. may not be issued in favour of the petitioner, submits the Standing Counsel. 5. The parties were directed to file statements. In such statements their versions have been advanced in detail. At this early stage of investigation I shall not embark on any detailed discussion on merit about the acceptability of the allegations raised or the credibility of the data collected. Suffice it to say that on an anxious consideration of all the relevant inputs, I am unable to find any circumstance justifying or warranting the invocation of the extra ordinary equitable discretion under section 438 Cr.P.C. in favour of the petitioner. This, I agree with the Standing counsel, is a fit case where the petitioner must be directed to appear before the Investigator or the learned Magistrate having jurisdiction and then seek regular bail in the ordinary course. 5. This application is accordingly dismissed. I may however hasten to observe that if the petitioner appears before the B.A.No. 7687 of 2007 4 learned Magistrate and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm