2010 (8) TMI 1164 - HC - Indian Laws

Summary

Issues involved: Petition for anticipatory bail u/s 438 of Cr.PC in FIR No. 187/2009 under Sections 420/468/471/511/120B IPC.

The petitioner filed a petition seeking anticipatory bail under section 438 of the Cr.PC in FIR No. 187/2009, lodged by the Embassy of Germany under Sections 420/468/471/511/120B IPC at Police Station: Chanakya Puri. The petitioner had previously approached the Court for bail, which was disposed of with the observation that as the charge-sheet had been filed against other co-accused, the petitioner was granted interim protection to seek regular bail. The allegations against the petitioner involve receiving money to facilitate obtaining a Visa, and previous applications for bail were rejected by the Metropolitan Magistrate and Additional Sessions Judge. The petitioner claimed that except for the disclosure statement of a co-accused, there was no other evidence against him. The State informed that the charge-sheet had been filed against other accused, some of whom were granted regular bail, while one remained in judicial custody.

The Court noted that a person cannot be detained based solely on a disclosure statement of a co-accused without other incriminating evidence. The right of police to interrogate the petitioner based on the disclosure statement shall not be affected by the lack of custodial interrogation permission. Considering the facts and circumstances, the Court ordered that in case of arrest, the petitioner shall be released on bail upon furnishing a personal bond and surety to the Arresting Authority/Investigating Officer. The petitioner was directed to cooperate in the investigation, appear for interrogation when required, and not tamper with evidence. The petition was disposed of with these directions.