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TMI Blog2009 (12) TMI 1041X X X X Extracts X X X X X X X X Extracts X X X X ..... , as has been done by all concerned, that the Respondent No. 1 was not required to even appear and surrender before the Court during the entire investigation stage and the trial. Taking advantage of the same, the Respondent No. 1 has successfully avoided the Court from the very initial stage of investigation and even the trial. Such kind of an order is not contemplated u/s 438 Cr.P.C. as has been repeatedly explained by this Court. The said position has been clearly enunciated in Adri Dharan Das s case [ 2005 (2) TMI 817 - SUPREME COURT] . Section 438 Cr.P.C. contemplates arrest at the stage of investigation and provides a mechanism for an accused to be released on bail should he be arrested during the period of investigation. Once the inve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application filed by the Respondent No. 1 under Section 438 of the Code of Criminal Procedure (Cr.P.C.) for grant of anticipatory bail to him. 3. According to the Bank, the Respondent No. 1 in his capacity' as the Managing Director of the Mannan Construction Corporation Private Limited, a company engaged in the execution of Highway Contracts and contracts of the Public Works Department (hereinafter referred to as "the Company"), along with one M/s. Immanuel Projects Private Ltd.., applied for a loan of ₹ 2,03,40,000/- (Rupees Two Crores, three lakhs and forty thousand) only, for purchase of 6 Krishna Electronic Sensor Paver Finishers from one M/s. Krishna Engineering Works in Ahmedabad. The said loan was duly sanctioned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... na Engineering Works and deposited the cheques meant for supply of road construction equipment by Krishna Engineering Works of Ahmedabad. Thereafter, the said amount was encashed and transferred to M/s. Matrix Enterprises having its office at No. 41, C.G.E. Colony, 5th Street, Tuticorin-628 003, which was holding an account in the Tuticorin Branch of I.C.I.C.I. Bank. The said amounts were again transferred to the account of M/s. Delta Enterprises, also having its office at No. 41, C.G.E. Colony, 5th Street, Tuticorin, with the Tuticorin Branch of the I.C.I.C.I. Bank. 6. After the aforesaid transactions, the moneys were finally credited to the account of the Respondent No. 1 in the same Branch of the I.C.I.C.I. Bank. It was also found on en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lanned manner and the whereabouts of the moneys was yet to be ascertained. 11. Mr. Lalit submitted that the provisions of Section 438 Cr.P.C. had been misapplied by the High Court in this case, since there was sufficient material on record to prima facie indicate that the Respondent was a direct player in the fraudulent episode, and, in any event, the High Court could not have granted a blanket order of Anticipatory Bail upto the end of the trial. Mr. Lalit submitted that in view of the impugned' order, the Respondent No. 1 had never appeared in Court even once, at any stage of the case, and had not even surrendered and obtained regular bail. Mr. Lalit referred to the decision of this Court in Adri Dharan Das v. State of West Bengal (2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to deprivation of personal liberty, the court should lean against the imposition of unnecessary restrictions on the scope of Section 438 Cr.P.C. 13. Reference was also made to the decision of this Court in the case of Savitri Agarwal and Ors. v. State of Maharashtra and Anr., JT 2009 (9) SC 460 : (2009) 8 SCC 325, where the various decisions in this regard, with special emphasis on Sibbia's case (supra) as also Adri Dharan Das's case (supra), were referred to. Their Lordships took note of the fact that the provisions of Section 438, as amended, had not yet been notified and that as a result the old provision continued to be in force. Hence, the earlier decisions would continue to be relevant to the facts of this case. Mr. Dutta sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... revent the accused from being arrested at all in connection with the case. To avoid such an eventuality it was observed in Adri Dharan Das's case (supra) that Anticipatory Bail is given for a limited duration to enable the accused to surrender and to obtain regular bail. The same view was reiterated in Salauddin's case (supra) wherein it was, inter alia, observed that Anticipatory Bail should be of limited duration only and primarily on the expiry of that duration or extended duration, the Court granting Anticipatory Bail should leave it to the regular court to deal with the matter on an appreciation of evidence placed before it after the investigation has made progress or the charge-sheet is submitted. 15. The object of Section 43 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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