Petition under Section 438 Cr.P.C.
2. Petitioner is accused in Crime No.1421/2014 of Adoor Police Station registered for the offences punishable under Sections 379 and 427 IPC.
3. The allegation against the petitioner is that he had committed mischief at the Crusher Unit of the defacto complainant and had removed machinery worth ₹8,00,000/- from the Crusher Unit thereby committing theft.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. It seems that the crime has been registered on the basis of a private complaint filed by the defacto complainant before the Judicial First Class Magistrate’s Court, Adoor which was referred to the Police under Section 156 (3) Cr.P.C. It has come out that there are a series of civil litigations pending between the parties. It is a case wherein the Crusher Unit of the defacto complainant was leased out to the petitioner. According to the petitioner, he had invested an amount of ₹23,00,000/- and erected some machinery in the Crusher Unit. Due to some unforeseen incident, the working of the Crusher Unit could not be continued. It seems that there were serious disputes regarding the payment of rent also. When Civil litigations are pending between the parties relating to the said matter, this is a fit case in which 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 executing a bond for `1,00,000/- (Rupees One Lakh 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 28.10.2014 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.
DSV/21/10 Sd/-
B. KEMAL PASHA, JUDGE // True Copy // P.A. To Judge