Petitioner is accused in Crime No.245 of 2012 of the Ezhukone Police Station for the offence punishable under Sec.420 of the Indian Penal Code, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application.
It is submitted that the petitioner collected a total of `2,20,000/- from the de facto complainant and his daughter and cheated them without repaying the amount.
3. Learned counsel submits that the allegations are not true.
4. Having regard to the relevant circumstances, I am inclined to think that custodial interrogation of the petitioner is not required. Hence I am inclined to grant relief but subject to conditions and at the same time protecting the interest of the de facto complainant also.
The application is allowed as under:
(i) Petitioner shall surrender before the officer investigating Crime No.245 of 2012 of the Ezhukone Police Station on 27.06.2014 at 10 a.m for interrogation.
(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioner on other day/days and time as may be specified by him which the petitioner shall comply.
(iii) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
(iv) On such production the petitioner shall be released on bail (if not required to be detained otherwise) on his executing bond for `15,000/- (Rupees Fifteen Thousand Only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:
(a) Petitioner shall deposit `2,00,000/- (Rupees Two Lakhs Only) in a Nationalised Bank for a period of two years (renewable as per the order of the learned magistrate) and produce the Fixed Deposit receipt before the learned magistrate while executing the bail bond.
(b) In case the petitioner is found liable to pay compensation to the de facto complainant, such amount to the extent possible could be realised from the amount in deposit.
(c) Petitioner shall report to the Investigating Officer as and when required for interrogation.
(d) Petitioner shall co-operate with the investigation of the case.
(e) Petitioner shall not get involved in any offence during the period of this bail.
(f) Petitioner shall not intimidate or influence the witnesses.
(g) In case the petitioner violates any of condition Nos.(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 Vs. State of Kerala (AIR 2006 SC 100).
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge