Petitioner is accused in Crime No.543 of 2014 of the Paripally Police Station for the offence punishable under Section 420 of the Indian Penal Code, apprehends arrest and has filed this application. 2. I have heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. Allegation is that the petitioner did not pay the de facto complainant the amount he had subscribed in a kurry conducted by the petitioner and thus cheated him and misappropriated the amount.
4. Learned counsel submitted that the amount due has already been paid to the de facto complainant.
5. On hearing both sides it is revealed that there is some sort of settlement between the petitioner and the de facto complainant. Having regard to the circumstances of the case I am inclined to grant relief.
Application is disposed of as under:
B.A. No. 441 of 2014
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(i) Petitioner shall surrender before the Officer investigating Crime No.543 of 2014 of the Paripally Police Station on 06.06.2014 at 10.00 a.m.
(ii) On such surrender in case petitioner is arrested he shall be released on bail, if not required to be detained otherwise on his executing bond for Rs.15,000/- with two sureties for the like sum each before the arresting officer and subject to the following conditions:
(a) Petitioner shall report to the Officer investigating the case as and when required by him for interrogation.
(b) Petitioner shall not get involved in similar offence during the period of this bail.
(c) Petitioner shall not intimidate or influence the witnesses.
(v) In case the petitioner violates any of conditions (a) to (c), it is open to the investigating Officer to move the jurisdictional magistrate for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
THOMAS P. JOSEPH, JUDGE.
vsv