~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioner is the second accused in Crime No.274/2014 of Thoppumpady Police Station registered for the offences punishable under Sections 465, 471, 120B, 427, 419, 380 and 420 read with Section 34 IPC.
3. The allegation against the petitioner is that he, along with the 3rd accused, committed theft of a photocopying machine worth ₹75,000/- and destroyed the office equipments in the room, wherein the de facto complainant was conducting business. It has come out that the said room belongs to the petitioner was rented out to the de facto complainant for carrying on business. A Power of Attorney was executed by the petitioner in favour of the 3rd accused for collecting rent. There were disputes between the parties, which had culminated in civil litigations including an action for eviction before the Rent Control Court.
4. Heard learned counsel for the petitioner and learned Public Prosecutor.
5. The learned counsel for the petitioner has pointed out that during the period in question, the petitioner was in UK. The copy of the passport also shows that during that period the petitioner was in UK and was not present in India. It seems that anticipatory bail has been granted to the 2nd accused in this case. The crime has been registered on the basis of a private complaint filed by the de facto complainant before the Judicial First Class Magistrate's Court-II, Kochi, which was referred to the police under Section 156(3) Cr.P.C. When the petitioner was not present in India, he cannot have a direct involvement in the matter. It seems that the allegations against the petitioner are not correct. Considering all the above, 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) aks/21/11 // True Copy // PA to Judge