IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7412 of 2007()
1. RASI BALAKRISHNAN, AGED 37,
... Petitioner
Vs
1. THE INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.B.RAMAN PILLAI
For Respondent :SRI.S.SREEKUMAR, SC FOR CBI
The Hon'ble MR. Justice R.BASANT
Dated :04/12/2007
O R D E R
R. BASANT, J.
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B.A. No. 7412 OF 2007
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Dated this the 4th day of December, 2007
ORDER
Application for anticipatory bail. The petitioner is now
arrayed as the 6th accused in a crime registered by the Central
Bureau of Investigation, inter alia, under the provisions of the
Prevention of Corruption Act. The 1st accused is the father-in-
law of the petitioner. He was employed as an official of the
Customs Department. During the period from 15/7/03 to
8/7/05 – the check period, the 1st accused is alleged to have
amssed wealth grossly disproportionate to his known sources
of income. It is alleged that the petitioner and the 1st accused
had resorted to an ingenious method of collecting money
abroad by the petitioner and transferring it to the 1st accused,
his wife and daughters through the petitioner herein.
Rs.93,00,000/- remained as unaccounted wealth of the 1st
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accused, it is alleged now. Investigation is in progress. Neither
the 1st accused nor the petitioner has been arrested so far. The
statement of the petitioner has once been recorded earlier. The
petitioner apprehends imminent arrest.
2. The learned counsel for the petitioner submits that the
only crime committed by the petitioner is that he had married
the daughter of the 1st accused. The petitioner is well qualified
and is honourably employed getting handsome salary and
income from his professional and business activities abroad.
The Investigating Officers want the petitioner to oblige them by
giving statements against the interests of the 1st accused. The
petitioner is unwilling to do so the same. The petitioner is kept
on tenterhooks. Only after this bail application was filed, has
the petitioner been arrayed as the 6th accused. The petitioner is
willing to co-operate with the Investigators. The petitioner does
not deserve to endure the trauma of arrest and incarceration.
In these circumstances, the petitioner may be granted
anticipatory bail, it is prayed.
3. The learned Standing Counsel for the C.B.I. opposes the
application. The learned Standing Counsel submits that
sufficient data has already been collected to indicate that the 1st
accused has amassed wealth grossly disproportionate to his
B.A. No. 7412 OF 2007 -: 3 :-
known sources of income. It has also been revealed from the
investigation so far that the petitioner has been used or has been
co-operating as a conduit. Through him such ill-gotten wealth is
transferred to the account of the 1st accused and his other close
relatives. The version given by the 6th accused is far from
satisfactory. They are contradictory and unacceptable. The
petitioner has to be subjected to detailed and exhaustive
interrogation to unearth the truth. There is absolutely no
circumstances justifying or warranting the invocation of the
extraordinary equitable discretion under Sec.438 of the Cr.P.C.,
submits the learned Standing Counsel.
4. Having considered all the relevant inputs, I do find
merit in the opposition by the learned Standing Counsel. I am
unable to perceive any features in this case which can justify or
warrant the invocation of the extraordinary equitable discretion
under Sec.438 of the Cr.P.C. In a serious crime like this the
petitioner must co-operate with the Investigators. He must
surrender before the Investigating Officers or the court having
jurisdiction and then seek regular bail in the normal and
ordinary course.
5. In the result, this bail application is dismissed; but with
the observation that if the petitioner surrenders before the
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Investigating Officers or the court concerned and seeks bail,
after giving sufficient prior notice to the Prosecutor in charge of
the case, the learned Judge must proceed to pass appropriate
orders on merits and expeditiously.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge