Basheer First And Ors vs State Of Kerala And Ors

This is an application filed u/s 438 of Code of Criminal Procedure seeking pre-arrest bail.

The petitioners are the accused Nos.1 and 2 in Crime No.316/2020 of Kadampuzha Police Station, Malappuram. The offences alleged are under Sections 468, 471, 420 and 34 of IPC.

The prosecution case in short is that on 30/12/2020, the defacto complainant sold a BMW X1 car belonging to him to the first accused as per an agreement for a total consideration of `12 lakhs. On the said day, the defacto complainant received `1 lakh as advance and possession of the vehicle was given to the first accused. The prosecution alleges that the petitioners thereafter cheated the defacto complainant without paying the balance consideration as agreed.

Heard both sides and perused the case diary.

The learned counsel for the petitioners submitted that the petitioners are absolutely innocent and they have been falsely implicated in the present case. She further submitted that there are no materials to connect the petitioners with the alleged crime and hence they are entitled to get bail. The learned Public Prosecutor opposed the bail application. She contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioners and if the petitioners are released on bail at this stage, it would affect the course of investigation.

The dispute related to breach of agreement in respect of sale of a car. There is no allegation that there was intention to cheat at the inception. The petitioners have no criminal antecedents. There is absolutely no allegation against the 2nd petitioner. Considering the allegations levelled against the petitioners, their custodial interrogation does not appear to be necessary. For all these reasons, the petitioners are entitled to pre-arrest bail on conditions.

In the result, the application is allowed on the following conditions:-

(i) The petitioners shall be released on bail in the event of their arrest on executing a bond for `1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The petitioners shall fully co-operate with the investigation, including subjecting themselves to the deemed police custody for the purpose of discovery, if any, as and when demanded.

(iii) The petitioners shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioners shall also appear before the investigating officer as and when required by him.

(iv) The petitioners shall not commit any offence of like nature while on bail.

(v) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The petitioners shall not leave State of Kerala without the permission of the trial Court.