~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioners are the accused in Crime No.1005/2014 of Aroor Police Station registered for the offences punishable under Sections 120B, 417 and 420 read with Section 34 IPC.
3. The allegation against the petitioners is that they have forged and fabricated a cheque of the HSBC Bank for 100 crores US Dollars and approached the de facto complainant with the same and by exhibiting it, they represented that they would be getting an amount of ₹7.5 crores out of it, for which an amount of ₹20 lakhs have to be remitted as advance tax. They requested the de facto complainant to lend ₹20 lakhs for the same. The de facto complainant gave an amount of ₹20 lakhs with interest at the rate of 6%.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. On going through the contents of the CD and hearing either side, it has come out that the transaction involved is more or less civil in nature. It seems that civil litigations are pending between the parties. Considering the facts and circumstances of the case and the present stage of the investigation, I do not think that the custodial interrogation of the petitioners 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 petitioners.
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 petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on each of them 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 petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays, commencing from 12.12.2014 for a period of six months.
(ii) The petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.
(iv) The petitioners 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/09/12 // True Copy // PA to Judge