Application filed under Section 438 of the Code of Criminal Procedure.
2. According to the petitioner, he is apprehending arrest in connection with Crime No.3118 of 2014 of the Thrissur Town East Police Station.
3. The allegation against the petitioner is that towards an amount of ₹2.25 crores due to him from the defacto complainant, the defacto complainant executed a sale deed in respect of 40 cents of property and a building thereon in Survey No. 357/2 in Chiyyaram Village in favour of the petitioner. Thereafter, an amount of ₹25 lakhs was repaid. The balance amount due was only ₹2 crores. As the petitioner was willing to re-convey the property on the payment of ₹2 crores, an agreement to that effect was entered into. Still the amount has not been paid and the re- conveyance has not been obtained. A private complaint was filed by the defacto complainant before the Chief Judicial Magistrate's Court, Thrissur, which was forwarded to the Police under Section 156(3) Cr.P.C, and consequently a crime has been registered for the offence punishable under Sections 406 and 420 of the Indian Penal Code and Sections 3, 4 and 7 of the Kerala Money Lenders Act.
4. Heard learned counsel for the petitioner, learned counsel for the defacto complainant and the learned Senior Public Prosecutor.
5. On hearing all the parties, it has come out that the matter is more or less of a civil nature. Civil suits are pending at present. It seems that even prior to the filing of the private complaint, the petitioner had instituted a civil suit as O.S.No.655/2014 before the Munsiff's Court, Thrissur in respect of the property. Considering all the above, I am of the view that the custodial interrogation of the petitioner is not required for the continued investigation of the case. Matters being so, this Court is of the view that this is fit case wherein anticipatory bail can be granted to the petitioner.
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 ₹1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each 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 09.00 a.m. and 11.00 a.m. on all Mondays and Thursdays commencing from 15.12.2014 for a period of three months.
(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.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge