Petition under Section 438 Cr.P.C. 2. Petitioners are the accused in Crime No.609 of 2014 of the Tirur Police Station registered for the offence punishable under Section 420 read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioners is that they have obtained an amount of `10,000/- (Rupees Ten thousand only) arranged by the de facto complainant by undertaking that they would make arrangements for taking bail to the de facto complainant, who is undergoing detention in jail as an under trial prisoner. The petitioners have deliberately cheated and defrauded the de facto complainant and dishonestly induced him to pay the amount.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. The learned counsel for the petitioners submits that even though the petitioners have made earnest efforts to arrange sureties, they could not arrange any sureties for the de facto complainant. It is submitted that the petitioners are ready and willing to pay back the entire amount of `10,000/-.
6. Considering all the aforesaid circumstances, I am of the view that this is a fit case wherein the powers conferred on this Court under Section 438 Cr.P.C can be invoked.
In the result, the anticipatory bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of his arrest on each of them executing a bond for ₹25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum each to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
I. The petitioners shall report before the investigating officer in between 9 a.m and 11 a.m on every Tuesdays, commencing from 27.05.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
II. The petitioners shall deposit an amount of `10,000/- (Rupees Ten thousand only) before the Judicial First Class Magistrate Court -I, Tirur where the crime is pending, within ten days from today.
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 violation of any of the conditions stipulated above will result in cancellation of bail.
Sd/-
B. KEMAL PASHA, JUDGE.
AMV /TRUE COPY/ P.A.TO JUDGE