ORDER : A. Badharudeen, J. This is an application for anticipatory bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023, by Sri.Martin Joseph contending that he got arrayed as the 10 th accused in Crime No.112/2024 of Angamaly Police Station and he apprehends arrest therein. 2. Heard the learned counsel for the petitioner and the learned Additional Director General of Prosecution. Perused the report as well as the case diary placed. 3. In this matter, crime was registered alleging that the accused persons including the petitioner, who are the members of the Managing Committee/Board of Directors of the Angamaly Urban Co-operative Society, abused their position with intention to cause undue loss to the Society, have sanctioned fake loans and renewed loans by using the same documents in the name of fake persons and misappropriated Rs.55 Crore which belonged to the Society. Thus, crime was registered alleging commission of offences punishable under Sections 406 , 408, 417, 465, 467, 468, 471, 420 r/w Section 34 of the Indian Penal Code as well as under Sections 13 (1)(a) and 13(2) of the Prevention of Corruption Act , 1988. Thereafter, as submitted by the learned ADGP, during the course of investigation, it has been revealed that, as of now, the misappropriation of money would come to Rs.115.8 Crores. 4. It is submitted by the learned counsel for the petitioner, who got arrayed as the 9 th accused, as per the report of the Investigating Officer and as submitted by the learned ADGP, that the petitioner herein is innocent and he has no role in granting new loans. According to the learned counsel for the petitioner, the petitioner herein worked as Managing Committee member of Angamaly Co-operative Society from 25.10.2022 onwards and during his tenure, he renewed certain earlier loans granted and he did not sanction any new loans, as contended. Therefore, the complicity of the petitioner herein is much less in this case and in such view of the matter, the petitioner herein deserves anticipatory bail and he is ready to obey any conditions imposed by this Court as a pre-requisite for grant of anticipatory bail. 5. Therefore, the complicity of the petitioner herein is much less in this case and in such view of the matter, the petitioner herein deserves anticipatory bail and he is ready to obey any conditions imposed by this Court as a pre-requisite for grant of anticipatory bail. 5. The learned ADGP strongly opposed grant of anticipatory bail to the petitioner who is on the same footing as that of the other accused persons except Sri.T.V.Benny , whose complicity found to be very less and he was the only Director Board member, who opposed grant and renewal of loans, for whom this Court granted anticipatory bail, as the same was not opposed by the prosecution. 6. The learned ADGP narrated the genesis of the case, which originated on the strength of a report prepared by the Assistant Registrar under Section 65 of the Kerala Co-operative Societies Act , highlighting misappropriation of money to the tune of Rs.96.78 Crores, which on again when verified for the purpose of preparing report under Section 68 (1), increased to an amount of Rs.115.8 Crores. As of now, the investigation revealed that Rs.115.8 Crores is the total amount misappropriated by the accused. 7. According to the learned ADGP, this is a huge scam, whereby many depositors were affected and the overt acts of the petitioner in this crime are well made out, prima facie. On finding so, earlier bail applications filed by other Managing Committee members were dismissed by this Court. Again, the 2 nd anticipatory bail plea, at the instance of accused Nos.5, 8 and 13 were also dismissed by this Court on 18.06.2025. As regards to grant of bail to Sri.T.V.Benny , as per the order, dated 23.10.2024 in B.A.No.6963/2024 is concerned, it is pointed out by the learned ADGP that, pre-arrest bail was granted to Sri.T.V.Benny , since the same was not opposed by the prosecution for justifiable reasons. According to the learned ADGP, during investigation, it has been revealed that, Sri.T.V.Benny did not sign in the minutes of the meetings he participated, where fake loans were granted and he also put up his decent while granting fake loans, as evident from the minutes of the meetings. Thus, the role of Sri.T.V.Benny is much less, though he was also one among the members of the Director Board. Thus, the role of Sri.T.V.Benny is much less, though he was also one among the members of the Director Board. Therefore, his bail was not opposed by the prosecution, deeming that his arrest and custodial interrogation are not necessary to achieve effective investigation. But it is pointed out by the learned ADGP that, the situation as far as the petitioner is concerned is totally different from that of Sri.T.V.Benny , by highlighting his role in the crime and therefore, the arrest and custodial interrogation of the petitioner herein are absolutely necessary, otherwise efficacious investigation, as against the petitioner, would be impeded. 8. It is submitted by the learned ADGP further that, in this crime, whenever the loan originally granted was closed, without returning the title deeds pertaining to the same and closing the Gahan, using the same title deeds and even photocopies of the title deeds, fake loans were granted, particularly in favour of the well- wishers of the 1 st accused, with the aid of the 16 th accused and connivance of the other Director Board members and officials of the Society, who are arrayed as accused in this crime. 9. Apart from the arguments, the learned ADGP placed a report, at the instance of the Investigating Officer, specifying the role of the petitioner herein while working as member of the Board of Directors of the Angamaly Urban Co-operative Society from 25.10.2022 till 05.11.2024. The same reads as under: “7. It is respectfully submitted that the applicant Mr.Martin Joseph, Aged 48, is the Accused No-9 of the above Crime. He became a member of the Board of Directors of the Angamaly Urban Co- operative Society on 25.10.2022 and continued the post till she was dismissed on 05.11.2024 by Joint Registrar, Ernakulam by Order No.HM (1)2976/2023 Dated 05.11.2024. Now the Co-operative society is under Administrative Committee. Like all other members he also became a member as a nominee of Accused No-1 Mr.PT.Paul. PT.Paul selected the members of the Director Board the persons who are willing to aid his fraudulent activities. He is responsible for the fake loans passed in his period, like all other members of the Board of Directors. 8. Like all other members he also became a member as a nominee of Accused No-1 Mr.PT.Paul. PT.Paul selected the members of the Director Board the persons who are willing to aid his fraudulent activities. He is responsible for the fake loans passed in his period, like all other members of the Board of Directors. 8. It is respectfully submitted that, the applicant of this bail application Mr.Martin Joseph, participated in all the 2 meetings of the Board of Directors held in the year 2022 after his election to the Director Board and signed the minutes for that. In the Director Board meeting on 08.12.2022, 14 loans were passed in which one was fake loan. All these fake loans are of 25 lakhs rupees. 9. It is respectfully submitted that, applicant of this bail application Mr.Martin Joseph participated almost all the meetings of the Board in the year 2023. In the meeting conducted on 11.01.2023. 5 loans were passed in which one was fake loan. In the meeting conducted on 20.02.2023. 80 loans were passed in which 19 were fake loans. In the meeting conducted on 04.03.2023 350 loans were passed in which 258 (Two Hundred and Fifty-Eight) were fake loans. In the meeting conducted on 27.04.2023 38 loans were passed in which 2 were fake loans. Total 280 fake loans 25 lakhs each for a total of 70,00,00,000/- (Seventy Crores) Rupees were passed in meetings of the Board of Directors attended by the petitioner Martin Joseph in the year 2023. In one meeting held on 04.03.2023 350 loans including 258 (Two Hundred and Fifty-Eight) fake loans were passed. This shows his clear participation in the crime and he acted as an aid to Accused No-1 Mr.PT.Paul and associates for misappropriating the money deposited by the public. 10. It is respectfully submitted that the petitioner Martin Joseph conducted valuation of documents of 51 fake loans in the year 2023. 38 fake loans were passed to various persons without their knowledge by pledging the property of Mr.Roy Kuryan in Angamaly Muncipality Block-11 Survey No.279/3 A. The valuation of this property was done by the petitioner Martin Joseph with two other members VD. Tomy and MV.Sebastian. These persons to whose name these loans were allotted, were not related to Mr.Roy Kuryan in any way. Tomy and MV.Sebastian. These persons to whose name these loans were allotted, were not related to Mr.Roy Kuryan in any way. He also conducted the valuation of Document No.163/2004 of Paul Devassy in Karukutty village which is wet field and 6 fake loans to different persons not related to the owner was passed. He conducted over valuation and helped to grab the money of the public through fake loans. His role in the fake loans is very clear. 11. Accused No.2 PV.Poulose, Accused No. 3 KG.Rajappan Nair, Accused No.5 PC.Tomy, Accused No.6 TP.George, Accused No.8 MV.Sebastian, Accused No.11 Mary Antony, Accused No.12 Elsy Varghese, Accused No.13 Lexy Joy, Accused No.15 Biju Jose Accused No.16 Shiju KI and Accused No.20 Elsy Paul were arrested all are now in Court Bail. The part played by each accused and their role in the criminal conspiracy is under investigation. 12. It is respectfully submitted that the petitioner submitted in the Bail Application that the allegations against him are false is not true. The allegation against him is very serious and he was a prominent member of the Director Board after he was selected in to that post. He is a follower of Indian National congress like other members and a close associate of the former president PT.Paul in real estate business. He is a prominent Real Estate Broker in Angamaly area and associated with PT.Paul in real estate business in which the money misappropriated through fake loans were used. 13. It is respectfully submitted that the accused passed fake loans and misappropriated the money deposited by hundreds of ordinary people, trusting the Co-operative Society. Due to the fraudulent acts of the accused, the money deposited by them were not given back. All the documents of these loans and deposits are being verified and victims being questioned. 102 other criminal cases were registered in Angamaly Police station so far against the accused for fake loans and the fraudulent default in repayment of deposits. 14. It is respectfully submitted that the Accused No.1, the former president of the bank, Mr.PT Paul and Accused No:14 former Secretary of the bank, Smt.Jaiby V.J.were passed away. Investigation conducted so far revealed that the loans were passed and used by the former president PT.Paul and associates without even preparing loan applications. 14. It is respectfully submitted that the Accused No.1, the former president of the bank, Mr.PT Paul and Accused No:14 former Secretary of the bank, Smt.Jaiby V.J.were passed away. Investigation conducted so far revealed that the loans were passed and used by the former president PT.Paul and associates without even preparing loan applications. At the time of year ending applications were filled up by using the staff of the society and temporary employees working in medical stores and laboratories functioning under the Co-operative Society. The Board of Directors passed loans in the meeting without even verifying the applications. This shows their overt participation in the offence. 15. It is humbly submitted that investigation is going on and what are the material benefits the applicant of this bail application got by participating and helping the Accused No-1 PT.Paul and associates in the crime is to be identified in the investigation. He was absconding since the investigation of the case was began. He was a prominent real estate broker and a close associate of the Accused No.1 PT.Paul. Hence custodial interrogation of the accused is highly necessary to identify his role in the crime and the way in which the money misappropriated was used. The petitioner is a political party follower and a very influential person. If bail is granted to him, there is every chance of influencing the witnesses and tampering the evidences. It will give a bad impression to the persons who were cheated and the depositors lost their money by the actions of the petitioner and other accused. Hence, in the above circumstances, I humbly request the Hon'ble court to consider the magnitude of the crime, the role of the petitioner and kindly dismiss the petition submitted by the petitioner.” 10. Highlighting the above aspects, the learned ADGP vehemently opposed granting of anticipatory bail to the petitioner herein on the submission that his custodial interrogation is very much essential to effectuate meaningful investigation and successful prosecution. It is also submitted that the petitioner herein has been absconding since detection of the crime and he is an influential person and a close associate of the former President of the Angamaly Urban Co-operative Society Sri.P.T.Paul in Real Estate business. 12. It is also submitted that the petitioner herein has been absconding since detection of the crime and he is an influential person and a close associate of the former President of the Angamaly Urban Co-operative Society Sri.P.T.Paul in Real Estate business. 12. The learned counsel for the petitioner submitted that the entire argument, at the instance of the learned ADGP, is based on the report under Section 65 of the Kerala Co-operative Societies Act , and therefore, this Court has to analyse the prosecution materials regarding the allegations. On perusal of relevant prosecution materials placed by the learned ADGP, it could be gathered that the petitioner, who was a member of the Board of Directors of the Angamaly Urban Co-operative Society from 25.10.2022 till 05.11.2024, attended all the two meetings of the Board of Directors held in the year 2022 after the selection and signed in the minutes of the said meeting. As on 08.12.2012, 14 loans of Rs.25 Lakh were passed during the said meeting where the petitioner was attended and out of which, one was fake loan. Similarly, in the year 2023, the petitioner attended the meeting on 11.01.2023 and passed 5 loans, out of which, one loan was fake. As on 20.02.2023, 80 loans were passed by the committee including the petitioner and out of which, 19 were fake loans. Similarly, as on 04.03.2023, 350 loans were passed and out of which, 258 were fake loans. On 27.04.2023, 38 loans were passed, out of which, two were fake loans. Thus, fake loans to the tune of Rs.70 Crore passed during the year 2023 by participation of the petitioner. That apart, the petitioner himself valuated documents of the 51 fake loans in the year 2023 and 38 fake loans were passed in favour of various persons without their knowledge by pledging the property of one Sri.Roy Kuryan and the valuation of the documents for the said loan also was at the volition of the petitioner. 13. Since the prosecution records would justify the argument tendered by the learned ADGP involving a huge scam, the arrest and custodial interrogation of the petitioner are necessary, as pointed out by the learned ADGP. In such a case, grant of anticipatory bail to the petitioner would destroy the investigation and also the interest of the members of the Society, who lost their money and the public at large. 14. In such a case, grant of anticipatory bail to the petitioner would destroy the investigation and also the interest of the members of the Society, who lost their money and the public at large. 14. In view of the matter, the plea for anticipatory bail, at the instance of the petitioner herein, is liable to fail and is accordingly dismissed. Even though this crime was registered earlier in the year 2024 and most of the accused were arrested, according to the learned ADGP, the petitioner could not be arrested, since he has been absconding. Therefore, the petitioner is directed to surrender before the Investigating Officer forthwith and co-operate with the investigation, as per law. Failing which, the Investigating Officer is at liberty to go for coercive steps permitted, as per law.