Petitioner, a post master, sought anticipatory bail alleging offences under IPC and Prevention of Corruption Act involving misappropriation. Court, finding investigation ongoing and custodial interrogation necessary, rejected the application.
Application for anticipatory bail rejected; investigation determined to require custodial interrogation.
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ABLAPL No. 6538 of 2015
19.08.2015 Heard learned counsel for the petitioner and Mr. V.Narasingh, learned Retainer Counsel
for the C.B.I.
The petitioner is apprehending arrest for the alleged commission of offences under Sec
tions 409, 467, 468, 471 and 477-A of the I.P.C. and Section 13(2) read with Section 13(1)(c)
of the Prevention of Corruption Act in RC-15(A) of 2014 of the court of Special Judge (C.B.I.-
1), Bhubaneswar, arising out of Bhubaneswar CBI/SPE RC 0152014A0015.
The petitioner is working as Post Master (Grade-I) of Kujanga Post Office under Jagats
inghpur Head Office during the period 12.09.2011 to 28.08.2013. He along with one Prasan Kumar
Patra has allegedly misappropriated an amount of Rs.25, 21,676/- from Senior Citizens Savings
Scheme Account; term deposits of Small Savers and Savings Bank Account of different account h
olders. Materials available on record prima facie establish a case under Sections 409, 467, 46
8, 471 and 477-A of the I.P.C. and Section 13(2) read with Section 13(1)(c) of the Prevention
of Corruption Act. The offences under Sections 467 and 409 of the I,P.C. are punishable with i
mprisonment for life or for 10 years. The crime alleged is a white collar crime involving a su
bstantial amount of money belongings to the small savers. Investigation of the case is in prog
ress and the specimen signatures and handwriting of the petitioners are to be collected. Moreo
ver, this Court is of the opinion that custodial interrogation is necessary.
Keeping in view the aforesaid consideration, this Court is of the opinion that anticip
atory bail should not be granted to the petitioner.
The ABLAPL is accordingly rejected.
2
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest for alleged corruption offences.
Whether custodial interrogation is necessary for the investigation of the case involving misappropriation by a postal employee.
2 provisions across 2 enactments
The Petitioner
C.B.I.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court