The petitioner, who is a lady, is the sole accused in Crime No.1302/2014 of Puthur Police Station, Kollam District registered for offence under Section 420 IPC. The defacto complainant herein filed Annexure-I private complaint, which was forwarded by the learned Magistrate under Section 156(3) Cr.P.C. to the police of investigation which lead to the registration of the instant Crime No.1302/2014 of Puthur Police Station, Kollam District.
2. The gist of allegations raised against the petitioner is that the defacto complainant had given a total fixed deposit of `12.37 lakhs to the petitioner's bank, comprising of `7.37 lakhs and `7.5 lakhs and that after repeated requests, the amount is not refunded and that on 07.4.2014, the lady defacto complainant came to the house of the petitioner with the F.D receipts, the petitioner snatched the F.D. Receipts and a part of the same was torn off and that the above conduct of the petitioner clearly shows that she had the consistent intention to deceive the defacto complainant and that this dishonest intention is reflected in her conduct in snatching away the F.D. receipts etc. However, it is clearly pleaded in Annexure-I complaint that subsequent to this event, but before the filing of the private complaint, that the petitioner had returned back an amount of `5 lakhs to the defacto complainant. It is on this basis that the instant crime has been registered against the petitioner.
3. Dr. K.P.Satheesan, learned senior counsel appearing for the petitioner would urge seriously that the entire transaction is purely commercial in nature and the liability that arises out of the said commercial/monitory transaction as between the parties, can only give rise to a civil liability even going by the version projected in the private complaint and that implication of criminal culpability, is unwarranted and unjustified. On this basis he would contend that as the petitioner apprehends arrest in connection with this crime, the relief of pre-arrest may be granted to the petitioner and that the petitioner is prepared to comply with any conditions that may be imposed by this Court that are found just and necessary.
4. The learned Public Prosecutor would submit that the investigation has not been completed and the presence of the petitioner is required for detailed questioning and for verifying the licence and other records etc. The learned senior counsel appearing for the petitioner would submit that the petitioner would certainly co-operate with the investigating agency for the proper conduct of the investigation and that the petitioner would make herself available for questioning before the investigating officer and for giving all documentary records regarding her lending activity, in the manner that is required by the investigating officer and that the submissions of the petitioner may be recorded and that accordingly, the plea of the petitioner may be considered and allowed by this Court.
5. Having regard to the submissions made by the learned senior counsel appearing for the petitioner and the learned Public Prosecutor and on evaluation of the facts and circumstances of this case, this Court is inclined to exercise its powers for granting of pre-arrest bail mainly because even going by the admitted case of the defacto complainant, the petitioner has returned back about `5 lakhs to the defacto complainant. Moreover, the requirements of the investigation regarding the verification of the documentary records maintained in relation to the lending activity of the petitioner and his presence that may be required in that connection, would be complied with by directing the petitioner to ensure full co-operation of the investigation in that regard and in the light of the undertaking given by the learned senior counsel appearing for the petitioner.
6. Accordingly, it is ordered that in the event of the arrest of the petitioner in connection with Crime No.1302 of 2014 of Puthur Police Station, Kollam District, she shall be released on bail on her executing a bond for `35,000/- (Rupees Thirty Five Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the investigating officer in the aforementioned crime, and subject to the following conditions:
i) The petitioner will make herself available for questioning before the investigating officer on the day and time as may be required by him in writing in that behalf and fully co- operate with the investigating officer in that regard and the petitioner will also fully co- operate with the other requirements that may be made by the investigating officer regarding verification of documentary details and such other necessary procedures in that regard.
ii) The petitioner shall surrender her passport, if any, before the jurisdictional Magistrate concerned within three days from the execution of the bail bond before the Investigating Officer and if she is not a holder of passport, she shall file an affidavit to that effect in the said court. If the petitioner requires her passport in connection with her travel abroad, then she shall approach the court concerned for the release of the same and for necessary permission in that regard. In case such an application is filed, the trial court or the jurisdictional Magistrate concerned, as the case may be, is free to consider the same on merits and to pass appropriate orders thereon, taking necessary guidance from the principles laid down in the decision of this Court in the case Asok Kumar v State of Kerala, (2009(2) KLT 712), notwithstanding the aforementioned conditions imposed by this Court.
iii) The petitioner shall report before the Investigating Officer in Crime No.1302 of 2014 of Puthur Police Station, Kollam district between 10 a.m and 11 a.m on every alternate Sundays till such period as may be required by the Investigating Officer.
iv) The petitioner shall not involve in any criminal offence of similar nature.
v) The petitioner shall not influence the witnesses or shall not tamper or attempt to tamper evidence in any manner whatsoever.
vi) The petitioner shall fully co-operate with the investigation and report before the Investigating Officer as and when required by him.
If there is any violation of any of the aforementioned conditions, the bail granted to the petitioner is liable to be cancelled.
ALEXANDER THOMAS, JV JUDGE