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Judgment
7 paragraphs · 287 wordsC.S. Sudha, J
This is an application filed under Section 438 of Cr.P.C. by the petitioner/A13 seeking pre arrest bail in Crime No.236/2016 of Vidyanagar Police Station, Kasaragod District, alleging commission of offences punishable under Sections 406, 409, 420, 120(B), 465, 468, 471 r/w 34 IPC. Presently, the investigation has been taken over by the Crime Branch and Crime No.129/CB/KNR-KSD/16 has been registered.
The prosecution case is that the petitioner/A13 along with the other accused in furtherance of their common intention of cheating Muttathody Service Co-operative Bank and for making unlawful gain for themselves, pledged spurious gold ornaments and misappropriated an amount of र 3,70,62,766/-. Hence, the accused are alleged to have committed the offences punishable under the aforementioned Sections.
The application is opposed by the learned Public Prosecutor on the ground that the investigation is still going on.
It is submitted by the learned counsel for the petitioner/A13 that he is innocent of the offences alleged against him. There was no allegation whatsoever against him when the FIR was registered. The petitioner had only pledged pure gold ornaments and obtained a loan amount of about र 3 lakhs. The petitioner/A13 has no criminal antecedents and he is ready to co-operate with the investigation, submits the learned counsel for the petitioner/A13.
Heard both sides and perused the records.
In the light of the nature of the offences alleged against the petitioner/A13, custodial interrogation of the petitioner appears to be necessary. Since the offences are quite grave in nature, this Court is of the opinion that this is not a fit case in which the discretionary jurisdiction of this Court under Section 438 Cr.P.C. can be invoked. Hence, the bail application is dismissed.