Delhi High Court - Orders
K Pondi Inbarasu Ponpondiinbarasu ... vs Central Bureau Of Investigation Cbi ... on 25 July, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1614/2022
K PONDI INBARASU PONPONDIINBARASU KOILPLLAI
..... Petitioner
Through: Mr. Ramesh Gupta, Sr. Advocate
with Mr. Arun Kumar, Sr. Advocate
with Mr. Jeevan Kumar & Mr. Harsh
Kumar, Advocates.
versus
CENTRAL BUREAU OF INVESTIGATION CBI THROUGH ITS
DIRECTOR
..... Respondent
Through: Mr. Ripu Daman Bhardwaj, SPP with
Ms. Aakriti Roy, Advocate.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 25.07.2022 The applicant, vide the present application seeks the grant of anticipatory bail in relation to FIR No. RC0032022A0026 under Sections 7, 7A & 8 of the PC Act, 1988 r/w Sections 120B, 419, 420, 468 & 471 of the of the Indian Penal Code, 1860 submitting to the effect that the offences are maximum punishable with the sentence of seven (7) years of imprisonment; that the applicant despite not having been granted any interim protection from arrest has nevertheless joined in the investigation; that he has no contact with the co-accused arrayed as accused no.1 qua whom the applicant BAIL APPLN. 1614/2022 Page 1 of 4 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:26.07.2022 16:44:45 This file is digitally signed by PS to HMJ ANU MALHOTRA.
is alleged to have had false interaction and no useful purpose would be served by any custodial interrogation in the matter nor is the same required and that the charge sheet has also been filed in the matter.
On behalf of the CBI, the learned SPP for the CBI has submitted the status report in a sealed cover which has now been opened and perused and a copy of the said status report has now been supplied by the learned SPP for the CBI to the learned senior counsel for the applicant.
The said status report dated 02.06.2022 under the signatures of the Inspector of Police, CBI/ACB/New Delhi mentions in relation to the aspect of the FIR being in relation to officers of the Foreign Contribution Regulation Act (FCRA) Division, Ministry of Home Affairs being in conspiracy with the promoters/ representatives of different Non- Governmental Organizations (NGOs), some other public servants and some middle men were impersonating as officers posted in FCRA Divisions and some middle men were indulging in corrupt practices and in pursuance of the said conspiracy obtaining bribe from NGOs for facilitating them for registration under the FCRA renewal of FCRA license and for their FCRA related works with these NGOs getting backdoor FCRA registration/renewal by such illegal means in order to continue to receive foreign donations despite not fulfilling the prescribed norms and fake invoices being generated to justify their expenditure for the defined cause and on a trap stated to have been laid on 10.05.2022, the accused no.14 & 15 are stated to have been apprehended at the time of delivery of cash amount of Rs.4 Lakhs and the stated amount of Rs.4 Lakhs as the undue pecuniary advantage is also stated to have been seized.
BAIL APPLN. 1614/2022 Page 2 of 4Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:26.07.2022 16:44:45 This file is digitally signed by PS to HMJ ANU MALHOTRA.
The CBI further submits that there are recorded conversations of 35 mobile numbers after obtaining approval from the competent authorities and a total of 439 recorded conversations for investigation, have been analyzed and transcriptions being prepared with the files of the MHA being obtained from the FCRA/MHA, New Delhi. The accused no.1 in the instant case is stated to have contacted the present applicant and informed of the approval for renewal of FCRA license of the NGO "India Every Home Crusade", Np.43/20, Ritherdon Road, Vepery, Chennai, whereupon, he was asked to arrange the balance amount, to which the applicant herein stated that he would pay after receipt of the letter.
The CBI further submits that there is an intercepted recorded conversation dated 21.04.2022 between the accused no.1 and the applicant herein between mobile numbers 9953658936 and 7540055373 which have been obtained from the CBI, Special Unit, New Delhi and that the investigation is still in the progress and the nature of the offence has widespread ramifications and that the applicant is likely to be interrogated in custody to ascertain his role and that of the other accused persons as well as to unearth the larger conspiracy hatched amongst the accused persons.
Inter alia, the CBI submits that the modus operandi in the instant case goes to the extent of whatsapp chats containing sharing of MHA files, sharing of status of MHA files between public servants and private persons getting instructions from private persons for processing of MHA files and sharing status of MHA files including pending MHA files and renewal of FCRA license of some NGOs mentioned in the FIR to the accused persons of the case.
BAIL APPLN. 1614/2022 Page 3 of 4Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:26.07.2022 16:44:45 This file is digitally signed by PS to HMJ ANU MALHOTRA.
On behalf of the applicant, it is submitted by the learned senior counsel for the applicant that the intercepted calls can only amount to any corroborative evidence and no more and that the applicant be released on anticipatory bail, in as much as, he has not contact whatsoever with the accused no.1.
On a consideration of the submissions that have been made on behalf of either side and the status report put forth on behalf of the CBI and the ramifications involved in the alleged commission of the offence involved public servants and the records of the Ministry of Home Affairs and the Department of the FCRA, it is apparent that to unearth the conspiracy in the matter, the custodial interrogation of the applicant would be required. In the circumstances, there is no ground whatsoever for the grant of anticipatory bail.
The application is thus, declined.
ANU MALHOTRA, J JULY 25, 2022 nc BAIL APPLN. 1614/2022 Page 4 of 4 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:26.07.2022 16:44:45 This file is digitally signed by PS to HMJ ANU MALHOTRA.