Petitioners are accused 1 and 2 in Crime No.606 of 2014 of the Thrikodithanam Police Station for the offences punishable under Sections 406, 420 read with 34 of the Indian Penal Code, apprehend arrest and has filed the application. 2. The learned Public Prosecutor opposed the application. It is submitted that on 03-12-2013 the de facto complainant who is bed ridden had given cheque for Rs.6,50,000/- (Rupees Six Lakhs and Fifty Thousand only) to the 1st petitioner. The amount was to be used for the civil litigation. The petitioners misappropriated that amount and purchased property in their name.
3. The learned counsel submitted that the allegations are not true. The petitioners were looking after the de facto complainant for the last more than six years and the amount was given as gift. Some relatives of the de-facto complainant interfered and persuaded her to file the present complaint.
4. I am inclined to think that custodial interrogation of the petitioners is not required. I am inclined to grant relief but subject to conditions including to protect the interest of the de facto complainant as well.
The application is disposed of as under.
1. Petitioners are surrender before the officer investigating the case on 02-06-2014 at 10:00 a.m for interrogation.
2. In case interrogation of the petitioners is not completed that day, it is open to the investigating officer to direct presence of the petitioners on any other day/days and time which they shall comply.
3. In case the petitioners are arrested they shall be produced before the jurisdictional magistrate the same day.
4. On such production, the petitioners shall be released on bail, if not required to be detained otherwise on their executing bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties each for the like sum each to the satisfaction of the magistrate subject to the following conditions.
(a) One of the sureties shall be the close relative of the petitioners.
(b) Petitioners while executing the bail bond shall file affidavit before the learned magistrate detailing the immovable property they have and undertaking that until culmination of the proceeding or otherwise permitted by the learned magistrate, they shall not dispose of or encumber the said properties.
(C)Petitioners shall file an attested copy of the aforesaid affidavit before the Sub-Registrar concerned within a week from the date of execution of the bail bond.
(d) petitioners shall reported to the officer investigating the case as and when required for interrogation.
(e) Petitioners shall not intimidate or influence the witnesses.
(f) Petitioners shall not get involved in any offence during the period of this bail.
(g) It is directed that in case petitioners violate any of the condition Nos. (c) to (f) it is open to the investigating officer or the de facto complainant to move the learned magistrate for cancellation of the bail granted hereby, as held in P.K.Shaji V.State of Kerala (AIR 2006 SC 100) THOMAS P.JOSEPH JUDGE MJL