Petitions filed under Section 438 Cr.P.C.
2. Petitioners in B.A.No.8692/2014 are A1 and A2 and petitioners in B.A.No.8566/2014 are A3 to A5 in Crime No.825/2014 of the Ramankary Police Station, presently pending investigation for the offence under Section 420 read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioners is that they have defrauded and cheated the defacto complainant by obtaining an advance amount of ₹17 lakhs for the sale of the property belongs to A2, on which the mother of A1 has life interest, and thereafter, the property was sold in favour of A4.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor.
5. On hearing the matter, it seems that the dispute is relating to one with regard to money lending. It seems that some amounts were borrowed by the 1st accused from the defacto complainant and some amounts are due to the defacto complainant from the 1st accused. The property was originally bequeathed by the late father of the 1st accused in favour of the 1st accused and subsequently that property was settled by him in favour of the 2nd accused. Mother of the first accused has got life interest over the said property. On a perusal of the agreement allegedly executed by A1 and A2 in favour of the defacto complainant, it seems that even though space is left for the signature of the mother of the 1st accused, her signatures are not seen affixed anywhere in the agreement. All the said portions in the agreement are kept blank. The matter in dispute between the defacto complainant and the 1st accused is more or less civil in nature. The custodial interrogation of the petitioners is not required for the continued investigation of the case. Considering the facts and circumstances of this case, this Court is of the view that this is a fit case wherein anticipatory bail can be granted to the petitioners.
6. In the result, these bail applications are 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 19.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(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.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge