Petition filed under Section 438 Cr.P.C. 2. Petitioner is the accused in Crime No.1529/2014 of Pathanapuram Police Station, registered for the offence punishable under Section 420 IPC.
3. The allegation against the petitioner is that he borrowed an amount of ₹6,70,000/- from the defacto complainant on 29.06.2012, thereby agreeing to repay the same within two months by obtaining a loan. In order to secure prompt repayment he had entrusted two blank cheque leaves. Even after the agreed period, the amount was not repaid.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. It prima facie seems that the matter involved is purely civil in nature. I do not think that there are necessary ingredients to constitute the offence under Section 420 IPC in this case. The custodial interrogation of the petitioner is not required for the continued investigation of this case. Considering the facts and circumstances of the case, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
6. 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 and Fridays, commencing from 25.11.2014 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 DSV/21/11 /True Copy P.A. To Judge