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Nauharsha vs State Of Kerala

High Court Of Kerala · Decided on 21 July 2022 · Citation: (2022) 07 KL CK 0195

HON’BLE JUDGES
K. Babu, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 438 · Indian Penal Code, 1860 — Section 406, 420
RESULT
Allowed
CASE NUMBER
Bail Application No. 913 Of 2022
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Judgment

12 paragraphs · 363 words

K.Babu, J

1.

This application is filed under Section 438 of the Code of Criminal Procedure.

2.

The petitioner is the sole accused in Crime No.718/2021 of Peruvanthanam Police Station. The offences alleged against the petitioner are punishable under Sections 406 and 420 of IPC.

3.

The gist of the prosecution case is as follows:-The petitioner and the de facto complainant entered into an agreement for construction of a residential building on 21.10.2020. The petitioner had agreed to complete the construction of the building at the rate of Rs.1,750/- per sq. ft.. Even after the receipt of 80% of the construction costs, the petitioner failed to complete the work as agreed.

4.

The case of the petitioner is that he has done the construction of the building till the stage of plastering. The petitioner completed the plastering works in April, 2021 itself. As per the terms of construction, the de facto complainant had to pay a sum of Rs.2,98,724/- towards the plastering works. This was not paid by the de facto complainant and therefore the petitioner was compelled to close the construction site.

5.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

6.

It appears that the transaction involved is of civil nature. Having gone through the entire materials, I am of the view that there is some doubt as to the genuineness of the allegations levelled against the petitioner. There is no possibility of the petitioner to flee from justice. Considering the entire circumstances, I am of the view that the petitioner could establish a prima facie case for getting the benefits contemplated in Section 438 Cr.P.C.

7.

In the result, this Bail Application is allowed as follows :-

(i) The petitioner shall appear before the Investigating Officer on 29.07.2022, for interrogation.

(ii) The petitioner shall co-operate with the investigating agency.

(iii) The Station House Officer, Peruvanthanam Police Station is directed to release the petitioner, on bail, in the event, he is arrested, on his executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum.

(iv) The petitioner shall not influence the witnesses in this case or tamper with the evidence.