Petition filed under Section 438 Cr.P.C. 2. Petitioner is the accused in Crime No.115 of 2014 of Aroor Police Station, registered for the offence punishable under Section 420 IPC.
3. The allegation against the petitioner is that by representing that the petitioner would carry out construction of a building to the defacto complainant, he obtained an amount of ₹10,15,000/- from the defacto complainant by two installments. After carrying out a portion of the construction of the structure, that too without affixing any door frames or window frames, it is alleged that he has left the premise. It is also alleged that such partial construction of the structure was also made by using substandard materials, in utter violation of the terms and conditions agreed to between the parties. Thereafter, the defacto complainant had to carry out the entire construction by employing another contractor by spending more money.
4. Heard learned counsel for the petitioner, learned counsel for the defacto complainant and the learned Public Prosecutor.
5. It seems that the investigation of the case is not complete. At the same time, on going through the contents of the CD, I am of the view that the custodial interrogation of the petitioner can be dispensed with for the continued investigation of this case, provided sufficient security is furnished for compensating the loss sustained to the defacto complainant. On an over all evaluation of the matter, I am of the view that anticipatory bail can be granted to the petitioner on the petitioner's depositing an amount of ₹ 6,00,000/- (Rupees Six Lakhs only) before the court below as security for compensating the loss sustained to the defacto complainant.
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 deposit an amount of ₹6,00,000/- (Rupees Six Lakhs only) before the court below within 15 days from today.
(ii) The petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Thursdays and Mondays, commencing from 04.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(iii) The petitioner shall not tamper with the evidence or influence witnesses.
(iv) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(v) 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 DSV/01/12 // True Copy // P.A. To Judge