~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioner is the 7th accused in Crime No.2166/2014 of the Central Police Station, Ernakulam registered for the offences punishable under Sections 406 and 420 read with Section 34 IPC.
3. The allegation against the petitioner and other accused is that they purchased gold ornaments worth ₹17,63,000/- from the jewellery of the de facto complainant and issued post dated cheques which, on presentation, returned dishonoured.
4. Heard learned counsel for the petitioner and learned Public Prosecutor and perused the CD.
5. The contents of the CD, prima facie, reveal that the matter involved is one under Section 138 of the Negotiable Instruments Act, for which a complaint under Section 142 of the Negotiable Instruments Act has already been preferred. The matter is almost civil in nature. On going through the contents of the CD and the present stage of investigation, I do not think that the custodial interrogation of the petitioner is required for the continued investigation of this case. Matters being so, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
6. 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 `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum 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 9 a.m. and 11 a.m. on all Mondays and Thursdays, commencing from 17.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(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.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/14/11