Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioner is the 2nd accused in Crime No.1094 of 2014 of the Cherthala Police Station registered for the offence punishable under Section 420 r/w Section 34 of the Indian Penal Code.
3. The allegation against the petitioner is that he along with A1 had accepted an amount of Rs.50,000/- from the de facto complainant by offering an employment and no such employment was granted.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. Learned counsel for the petitioner has submitted that even though the petitioner was also cheated by the first accused, the petitioner has amicably settled this matter. The petitioner has made the payment to the de facto complainant. It seems that in fact, the petitioner was also cheated by the first accused, who is absconding at present.
6. As the amount has been paid by the petitioner, I am
B.A.No.6203 of 2014
2 of the view that this is a 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 Rs.25,000/- (Rupees twenty five thousand 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 not tamper with the evidence or influence witnesses.
(ii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.
(iii) 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.
AS /True copy/ P.A. to Judge