2019 (11) TMI 551 - HC - Indian Laws

Grant of Anticipatory Bail - Allegations against Chartered Accountant - misconduct on the part of Chartered Accountant or not - It is alleged that the petitioner-accused No.1 has prepared the audit report by making use of counterfeit seal of audit firm by name KKP and Company. On registering the case, the Police are making attempts to arrest the petitioner - offences punishable u/s 419, 420, 465, 468, 470 and 471 of IPC - the petitioner strenuously contended that the petitioner has been falsely implicated in this case with vindictive motive - HELD THAT - The complaint averments disclose that the petitioner was involved in preparing audit report, project report by making use of counterfeit seal of the firm KKP and Company. But, it is pertinent to note that the records produced by the petitioner reveals that the petitioner is a Chartered Accountant and she is practicing at Raibag and she is also dealing with preparing the reports. She is also appointed as Legal adviser to Commercial Tax Department and enrolled as Goods Services Tax practitioner also. It is quite evident that the petitioner has been practicing as a Chartered Accountant, it is needless to make elaborate discussion about these records as the same is not permissible while considering the bail application - this Court is of the view that there are valid grounds to allow the bail petition subject to certain terms and conditions. The petitioner is directed to appear before the Investigating Officer of the concerned police station within fifteen days from the date of receipt of certified copy of this order. On her appearance, the Investigating Officer shall interrogate the petitioner and enlarge her on bail on the same day subject to conditions imposed - petition allowed.

Summary

Issues:
- Anticipatory bail under Section 438 of Cr.P.C. for offences under IPC Sections 419, 420, 465, 468, 470, and 471.

Analysis:
- The petitioner, accused No.1, filed a petition seeking anticipatory bail in a case registered at Raibag Police Station, Belagavi District for various offences under the Indian Penal Code (IPC).

- The complaint alleged that the petitioner, a Chartered Accountant, prepared audit reports using a counterfeit seal of an audit firm. The petitioner denied involvement, claiming false implication with vindictive motives and potential hardship upon arrest.

- The prosecution argued that specific allegations existed against the petitioner, indicating a prima facie case. Concerns were raised about potential interference with the investigation if bail was granted.

- The court noted the petitioner's professional background as a practicing Chartered Accountant and Legal adviser, suggesting familiarity with preparing reports. It emphasized that the bail application should not delve into detailed discussions based on records.

- Acknowledging the apprehension of arrest and detention, the court considered imposing stringent conditions to prevent interference with the investigation.

- Ultimately, the court found valid grounds to grant bail and issued specific terms and conditions. The petitioner was directed to appear before the Investigating Officer within fifteen days, furnish a personal bond, cooperate in the investigation, and refrain from threatening prosecution witnesses to avoid automatic bail cancellation.