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Judgment
A. Badharudeen, J
This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the petitioner, who is the sole accused in Crime No.271/2021 of Ambalathara Police Station, Kasaragod.
Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the available materials.
In this matter, the prosecution case is that the accused herein, while working as Branch Post Master of Pullur Post Office, misappropriated Rs.1,46,050/- (Rupees one lakh forty six thousand and fifty only), which was deposited by Smt.Charusree, Smt.Kashika K., Smt.Vidhyakrishnan and Smt.Nanditha K. in the Sukanya Samridhi Yojana and thereby committed misappropriation as well as offence of cheating. On this premise, the prosecution alleges commission of offence punishable under Section 420 of the Indian Penal Code by the accused/petitioner.
The learned Public Prosecutor opposed bail and submitted that the allegations are serious and therefore arrest and custodial interrogation are necessary in this matter to accomplish meaningful investigation and successful prosecution.
Earlier, the petitioner herein filed anticipatory bail application, vide B.A.No.4194/2021, and the same was dismissed as withdrawn after hearing when this Court was not inclined to grant anticipatory bail. In the instant case, as pointed out by the learned Public Prosecutor, the allegations are serious. The accused is none other than the Branch Post Master of Pullur Post Office and the prosecution materials would show that he had misappropriated Rs.1,46,050/- under the Sukanya Samridhi Yojana and therefore, arrest and custodial interrogation of the petitioner for the purpose of recovery of money that was misappropriated and to get further details are essential for the fair investigation of this case to accomplish eventful prosecution. Therefore, anticipatory bail plea could not be considered in this case.
In view of the matter, this petition fails and is dismissed accordingly, with direction to the petitioner to surrender before the Investigating Officer forthwith, without fail. On failure to do so, the Investigating Officer is at liberty to arrest the petitioner, as per law.
It is shocking to note that even though the earlier bail plea was dismissed as early on 22.08.2023, the Investigating Officer not so far arrested the petitioner for a pretty long period of 1½ years. The attitude of the Investigating Officer is noted with extreme displeasure and anxiety in a case of misappropriation and cheating.
Registry is directed to report the dissatisfaction of this Court to the Director General of Police, for appropriate steps.