CENTRAL BUREAU OF INVESTIGATION Vs. ANTONY VARGHESE

JUDGEMENT

(1.) This M. C. is filed by the C.B.I. - complainant to set aside the order dated 30.6.1999 in Crl. M.P. No. 914/99 passed by the Sessions Court, Alappuzha granting anticipatory bail to the 1st respondent.

(2.) The petitioner has registered a case in No. RC 12(A)/99 under S.120B, 420, 468, 471 and 511 read with 420 I.P.C. and S.13(2) read with 13(1)(d) of the Prevention of Corruption Act originally against accused Nos. 1 and 2 on 23.6.1999. Subsequently during the course of investigation accused Nos. 3 and 4 were implicated by filing reports to the court on 14.9.99 and 18.9.99 respectively. By filing a report dated 23.9.99 the 5th accused, the 1st respondent herein is also implicated in the crime. The 1st respondent herein filed Crl. M.P. 91 4/99 before the Sessions Court, Alappuzha seeking anticipatory bail and the Sessions Court granted anticipatory bail to the petitioner by order dated 30.6.1999. Subsequently the petitioner filed Crl. M.P. 1778/99 before the Sessions Court, Alappuzha under S.439(2) of the Cr. P.C. on 30.11.99 to cancel the anticipatory bail granted to the 1st respondent. The Sessions Court dismissed that application by order dated 13.12.99. Hence the petitioner has preferred the above petition before this Court.

(3.) The case was registered by the petitioner alleging that the accused entered into a criminal conspiracy with others to cheat the State Bank of Travancore, Aroor Branch and accordingly the 2nd accused opened a current account on 4.6.99 in the fictitious name 'Alfa Enterprises' at State Bank of Travancore, Aroor as introduced by the 5th accused and on the same day accused Nos. 2 and 5 together presented a forged cheque dated 4.6.99 for Rs. 34,11,000/- drawn by one Philomina Charitable Trust on State Bank of India, Mangalore in favour of M/s. Alfa Enterprises. The 1st accused after making necessary entries in the records of the Bank returned the cheque with the covering schedule to the 2nd accused at the instance of the 5th accused for presenting the same at the Mangalore Bank for getting it collected instead of following the usual procedure of sending the cheque and the covering schedule by post for collection. The 2nd accused took the cheque and sent a forged realisation advice by Courier to State Bank of Travancore, Aroor as if it was sent from S.B.I., Mangalore, which was received by the S.B.T., Aroor on 11.6.99. Immediately the proceeds were credited to the account of M/s. Alfa Enterprises and on 11.6.99 itself the amount was withdrawn by the 2nd accused in the presence of the 5th accused and the amount was taken by the employees of the 5th accused. Another cheque for Rs. 63 lakhs drawn by Philomina Charitable Trust on S.B.I., Mangalore in favour of Alfa Enterprises was presented on 11.6.99 itself at S.B.T., Aroor by accused Nos. 2 and 5. The 1st accused after getting the necessary entries made in the records of the Bank, returned the cheque to the 2nd accused at the instance of the 5th accused for presenting the same at Mangalore Bank for getting it collected instead of following the usual procedure of sending by post. The 2nd accused took the cheque and other documents with him and sent a forged realisation advice by Courier to S.B.T., Aroor as if it was sent from S.B.I., Mangalore, which was received by the S.B.T., Aroor on 17.6.99. As the Manager of the S.B.T., Aroor found some irregularities in getting the realisation advice, he contacted S.B.I., Mangalore and it was revealed that there was no account in the name of Philomina Charitable Trust at S.B.I., Mangalore and therefore, the said amount of Rs. 63 lakhs was not credited to the current account of M/s. Alfa Enterprises.