Petition under Section 438 Cr.P.C. 2. Petitioner is the first accused in Crime No.1249/2014 of Palarivattom Police Station registered for the offences punishable under Sections 120(B), 406, 408, 420, 468 and 471 read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioner is that, he along with the second accused had misappropriated an amount of ₹ 62,00,000/-, thereby committing criminal breach of trust, while they were working as Sales Representatives in Chirammel and Company functioning at Kaloor.
4. Heard learned counsel for the petitioner and learned Public Prosecutor. A copy of an agreement has been produced before me, which shows that a settlement has been entered into between the petitioner herein and the de-facto complainant, whereby the petitioner herein has agreed to pay an amount of ₹ 34,00,000/- to the de-facto complainant, out of which an amount of ₹10,00,000/-has already been paid and for paying the balance amount, a period of four months time has been granted. It seems that the matters in controversy between the petitioner and the de- facto complainant has been amicably settled and presently, the de- facto complainant has no complaints towards the petitioner. Matters being so, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
5. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his executing a bond for ₹25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Tuesdays, commencing from 16.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/ B.KEMAL PASHA, JUDGE dl // True Copy // PA to Judge