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Judgment
9 paragraphs · 269 wordsC.Pratheep Kumar, J
This is an application for anticipatory bail filed under Section 438 of Cr.P.C. by the sole accused in Crime No.1396 of 2023 of Thodupuzha police station. The offence alleged against the petitioner is under Section 420 of IPC.
The Prosecution case is that the petitioner, with the intention to cheat the de facto complainant, obtained landed property from him and his wife on 03.08.2023, for a consideration of Rs.35 lakhs, and that the consideration amount was not paid as promised. Though mediation was attempted, the matter could not be settled.
Today, when the matter came up before this Court for hearing, the learned counsel for the petitioner submitted that the petitioner is ready to surrender before the Investigating Officer and that a direction may be issued to the Investigating Officer to produce her before the jurisdictional Magistrate on the same day. She alternatively pleaded that the jurisdictional Magistrate be directed to dispose of the Bail Application on the very same day.
The above submissions were not opposed by the learned Public Prosecutor as well as the de facto complainant.
In the result, this application is closed with the following directions:
(i) The petitioner is permitted to surrender before the Investigating Officer within a period of 15 days from today.
(ii) In case the petitioner surrenders before the Investigating Officer as above, the Investigating Officer, after making necessary investigation, will produce her before the jurisdictional Magistrate on the same day.
(iii) If the Petitioner files Bail Application before the jurisdictional Magistrate, the same is to be disposed of on the same day.