ANAND BYRAREDDY,J. - (1.) HEARD the learned Counsel for the petitioner and the learned Government Pleader.
(2.) THE petitioner is a sales clerk of TAPCMS, Kadur, and it is alleged that the petitioner is found to have misappropriated funds of the society to the extent of over Rs. 25,00,000/ - and this has been traced to the financial year 2002 -2003 and though an enquiry report was given on 5.7.2004, it is only on 23.1.2012 that the proceedings have been initiated against the petitioner on the basis of the complaint lodged by the present Secretary of the Society before the police. The petitioner in apprehension of his arrest had approached the Court below seeking anticipatory bail. The same has been rejected by the Court below on the ground that there was an audit report to indicate that there was large scale misappropriation by the petitioner and the authorities may not have taken any action on account of administrative formalities and that by itself could not entitle the petitioner to seek anticipatory bail, even though the complaint was lodged after ten years from the date of commission of the offence alleged and that as the investigation was on and is yet to be completed, it would not be a fit case to grant bail as it would send a wrong signal to society. The learned Counsel for the petitioner would submit that the reasoning of the Court below is not fair and the petitioner being an employee of the society, if indeed there were an enquiry report and audit report holding him responsible for the alleged misappropriation, it is surprising that for ten years, no action is initiated. The complaint is now filed after an inordinate delay of ten years, which by itself would raise a serious doubt as to the veracity of the allegation. His further contention is that in the face of the audit report and the enquiry report which were already said to be on record, the petitioner if denied bail, would cause great injury and hardship to him. The petitioner has deep roots in society and, therefore, any such arrest at this point of time would cause irreparable loss to the reputation of the petitioner.
(3.) THE learned Government Pleader would reiterate the objections that were upheld by the Court below as regards the inordinate delay and investigation not being completed.;