A.C. JAYARAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No. 1 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent police to release him on bail in the event of his arrest for the offences punishable under Sections 409, 419, 420, 465, 466, 467, 468, 471 and 472 read with section 34 IPC registered in respondent Police Station Crime No. 143/2014.

(2.) I have heard the learned Senior Counsel appearing for the petitioner-accused No. 1 and the learned High Court Government Pleader appearing for the respondent-State.

(3.) Learned Senior Counsel appearing for the petitioner, during the course of the arguments, submitted that the petitioner is totally innocent and he is unconnected with the alleged offence. He has submitted that the bank employees including the Manager and the claimants in collusion with each other might have created false and forged documents and the petitioner herein has no role in the alleged offence. He has also made the submission that the petitioner is a practicing Advocate who has practiced for a long period of 30 years as a member of the Bar in the Mangalore District and he is having unblemished records. The petitioner has been involved in the case for the reason that he has appeared for the claimants in MVC cases in respect of whose cases it is alleged that the false documents are created. The learned Senior Counsel also made the submission that though the alleged offence under Section 467 and 468 of IPC is punishable with life imprisonment, but all the offences are triable by the Magistrate Court. He further submitted that before arresting the accused, the respondent police have to follow the procedure as laid down under Section 41-A of Cr.P.C. which is not done in this case. The petitioner is ready to abide by any condition to be imposed by this Court and ready to co-operate with the investigating officer. He made the submission that all the alleged documents are already seized by the police and therefore, custodial interrogation of the petitioner is not at all required. The petitioner will be put to hardship and injury if he is not granted with anticipatory bail. In support of his case, the learned Senior Counsel has relied on the following decisions: