Prakashan vs State Of Kerala

C.S.Sudha, J

This is an application under Section 438 Cr.P.C. for per-arrest bail filed by the petitioner/accused in Crime No.271/2021 of Pattanakkad Police Station, Alappuzha District alleging the commission of the offence punishable under Section 420 IPC.

The prosecution case is that the petitioner/accused with the intention to make unlawful gain for himself and unlawful loss to the informant, took possession of 23 lorries promising to pay an amount of Rs.30,000/- as rent for the vehicles and also borrowed an amount of Rs.1,70,000/-from the informant. The accused paid an advance of Rs.90,000/- to the informant. Thereafter, contrary to his promise, the informant has neither paid the rent for the lorries nor repaid the amount borrowed from the informant. The vehicles have also not been returned to the informant. Hence, the accused is alleged to have committed the offence punishable under the above mentioned Section.

The  application  is  opposed  by  the  learned  Public Prosecutor.

It is submitted by the learned counsel for the petitioner/accused that it is only a money transaction between the parties and that the petitioner/accused is innocent of the offence alleged against him. He also referred to Annxures A and B to substantiate his argument that the transaction between the parties is only a business transaction and that several amounts have been paid by the petitioner/accused to the informant. It is also submitted that the petitioner/accused has no criminal antecedents.

Heard both sides. Perused the records.

It appears from the records before this Court that the dispute between the parties is a financial one. Hence it appears that arrest and custodial detention of the petitioner/accused is not required in this case. Hence pre-arrest bail can be granted.

In the result, the application is allowed subject to the following conditions :

(i) The petitioner in the event of his arrest in the aforesaid crime 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 for the like sum each.

(ii) The petitioner shall appear before the Investigating Officer on all Saturdays between 10 a.m. and 12 noon till the final report is filed. He shall also appear before the Investigating Officer as and when required by the latter.

(iii) The petitioner shall co-operate with the investigation and he shall not intimidate or influence the witnesses in any manner or interfere with the investigation.

(iv) The petitioner shall not commit any offence(s) while on bail.