Fazal vs State Of Kerala

V.G.Arun, J

The petitioners are apprehending arrest by the Elamakkara Police in connection with Crime No.687/2023, registered for the offences punishable under Sections 417 and 42 r/w 34 of the Indian Penal Code.

Learned Counsel for the petitioners assertively submitted that the crime is foisted on the petitioners at the instance of a third person. It is submitted that civil disputes are pending between the petitioners and the de facto complainant. The present complaint is made only to bring pressure upon the petitioners. The petitioners involvement in other crimes cannot stand in the way of they being granted anticipatory bail since, one is a complaint filed under Section 138 of the Negotiable Instruments Act and in the other, further proceedings is stayed by this court.

3.Heard the learned Public Prosecutor also.

It evident that the complaint is with respect to violation of the terms of Annexure 1 lease agreement and regarding the petitioners' alleged failure to repay an amount of Rupees Ten Lakhs collected towards advance for letting out their property. As such, it is not necessary to subject the petitioners to custodial interrogation.

In the result, the bail application is allowed and the following directions issued:-

i)The petitioners shall surrender before the investigating officer within in two weeks.

ii)On surrender, they shall be interrogated and in the event of their arrest, released on bail on executing bonds for Rs.25,000/-(Rupees Twenty Five thousand only) each with two solvent sureties each for the like amount to the satisfaction of the investigating officer

iii)The petitioners shall co-operate with the investigation and shall not intimidate the de facto complainant or influence the witnesses in any manner.