Petitioner is the 2nd accused in Crime No.925 of 2014 of the Hill Palace Police station, Thrippunithura for the offences punishable under Secs.406 and 420 read with Sec.34 of the Indian Penal code, apprehends arrest and has filed the application. 2. Learned Public Prosecutor has opposed the application. It is submitted that on a promise to make the defacto complainant partner in M/s NIS Energies Private Ltd., the petitioner and the 1st accused collected Rs.76,40,000/- and cheated the defacto complainant.
3. Learned counsel submitted that the allegations are not true. The petitioner has nothing to do with M/s NIS Energies Private Ltd. That concern was being run by the 1st accused, his father who availed loan of rupees 40 lakhs from the defacto complainant. The father repaid a substantial portion of the amount but a false complaint is preferred against the petitioner.
4. Having regard to the relevant circumstances, I am inclined to think that custodial interrogation of the petitioner is not required. But the interest of the defacto complainant also has to be protected.
The application is allowed as under.
1. Petitioner shall surrender before the officer investigating Crime No.925 of 2014 of the Hill Palace Police station on 23.06.2014 at 10.00 am for interrogation.
2. In case interrogation of the petitioner is not completed that day, it is open to the investigating officer to direct presence of the petitioner on any other day/days and time which the petitioner shall comply.
3. After interrogation, in case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
4. On such production learned magistrate shall release the petitioner on bail ( if not required to be detained otherwise) on his executing bond for Rs.20,000/- (Rupees twenty five thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:
a) One of the sureties shall be a close relative of the petitioner.
b) Petitioner shall deposit Rs.7,00,000/- (Rupees seven lakhs only) in his name in a nationalised bank initially for a period of two years (renewable as per order of the learned magistrate) and produce the Fixed Deposit receipt before the learned magistrate while executing the bail bond.
c) In case the case is decided against the petitioner and he is made liable to pay compensation to the defacto complainant, such compensation to the extent possible could be realised from the amount in deposit.
d) Petitioner shall report to the investigating officer as and when required for interrogation.
e) Petitioner shall not get involved any offence during the period of this bail.
f) Petitioner shall not influence or intimidate the witnesses.
g) In case any of condition nos.(d) to (f) is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
NS THOMAS P. JOSEPH JUDGE