Petitioners are accused 1 and 2 in Crime No.14 of 2014 of the Koorachundu Police Station for the offences punishable under Sections 420 read with Sec.34 of the Indian Penal Code and Secs.8, 14, 20 and 22 of the Central Chit Funds Act, apprehend arrest and have filed this application. 2. Learned Public Prosecutor has opposed the application.
It is submitted that the petitioners who are the Managing Director and agent of the Dhanarani Chitty Fund Pvt. Ltd., made the de facto complainant to believe that the said Company has legal authority to conduct chitties, enrolled the de facto complainant as a subscriber and collected Rs.50,000/- from her. That amount was not repaid. It is also submitted that the petitioners are involved in four other cases registered by the Sultan Bathery and Thiruvampady Police.
3. Learned counsel submitted that in connection with the case registered by the Sultan Bathery police, the 1st petitioner was in custody for a long time.
4. Having regard to the nature of the allegations made against the petitioners I am satisfied that custodial interrogation of the petitioners is not required. At the same time I must protect interest of the de facto complainant also. Hence I am inclined to grant relief but subject to conditions.
Application is allowed as under:
(i) Petitioners shall surrender before the the Officer investigating Crime No.14 of 2104 of the Koorachundu Police Station on 19.06.2014 at 10.00 a.m for interrogation.
(ii) If interrogation of the petitioners is not completed that day, they shall appear before the officer investigating the case on the day/days and time as directed by him which the petitioners shall comply.
(iii) In case petitioners are arrested, they shall be produced before the jurisdictional magistrate the same day.
(iv) On such production, the petitioners shall be released (if not required to be detained otherwise) on their executing bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of any of the petitioners.
(b) Petitioners shall deposit Rs.25,000/- (Rupees Thirty thousand only) each in a Nationalized Bank of their choice initially for a period of two years (renewable as per order of the learned magistrate) and produce the fixed deposit receipts before the learned magistrate while executing the bail bond. In case the petitioners or any of them is made liable to pay compensation, such compensation to the extent possible could be realized from the amount in deposit.
(c) Petitioners shall report to the officer investigating the case as and when required for interrogation.
(d) Petitioners shall not engage in chitty business except with the permission from the appropriate authority.
(e) Petitioners shall not get involved in any offence during the period of this bail.
(f) Petitioners shall not intimidate or influence the witnesses.
(v) In case the petitioners violate any of conditions (c) to (f), it is open to the investigating Officer to move the learned magistrate for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
THOMAS P. JOSEPH, JUDGE.
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