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Judgment
Mohammed Nias C.P., J
Apprehending arrest in Crime No.3910/2023 of Ernakulam Central police station, Ernakulam, registered for offences under Sections 406 and 420 of the Indian Penal Code, the accused has filed this petition.
The prosecution allegation is that the petitioner has deceived an amount of Rs.34,34,091/- fraudulently receiving the insurance claim and submitting the invoice for the medicines which he had returned without consuming and thereby committing the above-said offences.
The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.
Learned Public Prosecutor, on instructions, submits that the petitioner had forged the documents and collected amounts relating to the insurance policy and also the investigation reveals that he had collected amounts from several persons. It is also alleged that the petitioner forged the bills and collected amounts and then presented them before the insurance company.
The allegations being serious, I am not inclined to grant anticipatory bail to the petitioner as it will affect a proper investigation. Therefore, the following directions are issued:-
In the event the petitioner surrenders before the Investigating Officer within a week, he shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioner moves for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail applications on merit as expeditiously as possible. If the petitioner does not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioner as if no order has been passed in this case. The bail application is disposed of as above.
