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Judgment
A. Badharudeen, J
B.A. No. 3581 of 2021 is an anticipatory bail application filed by the accused in Crime No.328/CB/EKM/R/2011 of Crime Branch Ernakulam under Section 438 of the Code of Criminal Procedure where the offences alleged are punishable under Sections 406, 420, 120(B) read with 34 of IPC and Sections 4, 5, 6 of the PCMCS (Banning) Act, 1978. Similarly, B.A. No. 3602 of 2021 is an anticipatory bail application filed by the same accused in Crime No. 303/CB/EKM/R/2012 of Crime Branch Ernakulam alleging the same offences.
Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.
The learned counsel for the petitioner submitted that these bail applications have been filed when the petitioner, who is arrayed as the Accused No.16 got notice under Section 41(A) of the Cr.P.C. and as of now, the investigation has been completed. Therefore, the petitioner deserves anticipatory bail is the submission of the learned counsel for the petitioner.
The learned Public Prosecutor submitted that because of the non co-operation of the petitioner, the Final Report was filed recording his status as absconding.
In these matters, in fact, the Final Report already filed, though the co-operation of the petitioner in the matter of investigation could not be secured because of pendency of these anticipatory bail applications from the year 2021 onwards.
Therefore, it is ordered that the Investigating Officer, if intends to investigate the case further and if intends to arrest and interrogate the petitioner for the purpose of further investigation, the liberty of the Investigating Officer in this regard is kept intact, by following the procedure of law.
Holding so, these anticipatory bail applications stand disposed of with liberty to the petitioner to co- operate with further investigation, if any, and work out his remedy for bail, in accordance with law, since Final Report already filed.