Petitioner is accused in Crime No.497 of 2014 of the Koyilandy Police Station for the offences punishable under Section 420 of the Indian Penal Code and Secs.3(1) & 17 of the apprehends arrest and has filed this application. 2. Learned Public Prosecutor has opposed the application.
It is submitted that according to the de facto complainant, in the year 2009 he had borrowed Rs.1 crore from one Ahammed to start an International Public School at Gudalloor and a sale deed was executed in favour of the said Ahammed as security for due repayment of the amount. He could not repay the amount and approached the petitioner to discharge liability of Ahammed. Petitioner obliged that request. Ahammed executed sale deed in respect of a property of the de facto complainant in favour of the petitioner. Grievance of the de facto complainant is that the petitioner sold the property to another person for about Rs.4 crores but did not repay Rs.2.75 crores to the de facto complainant. It also submitted that in the light of the complaint, house of the petitioner was searched on 13.05.2014 and several title deeds not pertaining to any property belonging to the petitioner were seized.
3. Learned counsel submitted that the allegations are not true.
4. Petitioner has to explain how he happened to be in (alleged) custody of documents relating to the properties of other persons. In the circumstances a blanket order for pre-arrest bail cannot be granted. But I am inclined to issue direction.
Application is disposed of as under:
(i) Petitioner shall surrender before the Officer investigating Crime No.497 of 2014 of the Koyilandy Police Station on 19.06.2014 at 10.00 a.m for interrogation.
(ii) In case interrogation is not completed that day, it is open to the Officer concerned to direct presence of the petitioner on other day/days and time as may be specified by him which the petitioner shall comply.
(iii) In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day.
(iv) On such production it is open to the petitioner to request for bail with intimation given to the Assistant Public Prosecutor concerned at least two working days in advance.
(v) If for any reason custody of the petitioner is required, it is open to the Officer investigating the case to move application for that purpose.
(vi) Learned magistrate shall consider the application(s) having regard to all relevant circumstances and pass orders as early as possible.
THOMAS P. JOSEPH, JUDGE.
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