ASHRAF M.M Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Sec. 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 Ss. 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.

(2.) 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 Rs.3,70,62,766.00. Hence, the accused are alleged to have committed the offences punishable under the aforementioned Ss. .

(3.) The application is opposed by the learned Public Prosecutor on the ground that the investigation is still going on.