Petition filed under Section 438 Cr.P.C. 2. Petitioner is the accused in Crime No.702/2014 of the Medical College Police Station, Kozhikode, registered for the offences punishable under Section 420 IPC.
3. The allegation against the petitioner is that he, who is conducting a Scanning Centre under the name and style as Malabar Scans and Diagnostics Services, had offered whole body checkups for persons working abroad and their family members and issued coupons by collecting ₹16,500/- per coupon. It is alleged that when the defacto complainant approached the petitioner for the checkup of her mother, proper checkups were not conducted.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. There is no case that the petitioner had not attended the mother of the defacto complainant, whereas her case is that proper checkups were not conducted to the satisfaction of the defacto complainant. I do not find sufficient materials to invite the offence under Section 420 IPC in 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 Saturdays and Wednesdays, commencing from 22.11.2014 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/19/11 /True copy/ P.A. to judge