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Judgment
31 paragraphs · 382 words1.This is an application seeking pre-arrest bail filed under
section 438 of the Code of Criminal Procedure.
2.The petitioner has been arrayed as the 2nd accused in
Crime No.294 of 2016 of Changaramkulam Police Station,
which crime has been registered alleging offences
punishable under section 420 read with 34 of the IPC .
3.According to the prosecution, a sum of Rs.12 lakhs was
accepted by the petitioner and the other accused from the
de facto complainant assuring him that he would be taken
for Haj pilgrimage. The grievance of the de facto
complainant is that he was neither taken for Haj nor the
amount returned.
4.When the matter came up for hearing, the learned counsel
appearing for the petitioner would submit that the whole monetary transactions have been settled. To bring home
the said point, an affidavit filed by the de fact complainant
was also placed on record. The de facto complainant also
filed an application seeking impleadment which was
allowed.
5.Heard the learned Public Prosecutor as well as the learned
counsel who entered appearance for and on behalf of the
de facto complainant.
6.Having regard to the turn of events, I am of the
considered view that custodial interrogation is
unwarranted.
7.In the result, this application is allowed, but subject to the
following conditions:
(i) The petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. If he is proposed to be arrested, he shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum.
(ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating officer and for all investigative purposes whenever required.
(iv) If he surrender before the Magistrate, this order shall not be applicable and the learned Magistrate may pass appropriate orders.
(v) In case of violation of any of the above conditions, the concerned court on being noticed of that fact will be empowered to cancel the bail.