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Judgment
9 paragraphs · 338 wordsMohammed Nias C.P., J
Apprehending arrest in Crime No.534/2023 of Chandera Police station, Kasaragod registered for offences under Sections 420, 406 and 34 of the Indian Penal Code, the accused have filed this petition seeking pre-arrest bail.
The prosecution allegation is that on 12.05.2022, the accused persons made an online agreement with the defacto complainant that the petitioners would set up a 4 KV solar power grid in the defacto complainant's house for an amount of Rs.2,85,000/- and the accused persons received Rs.1,50,000/- as advance from the defacto complainant but the accused persons failed to comply the agreement and not repaid the advance amount received to them and thereby committed the aforesaid offences.
The learned counsel appearing for the petitioners and the learned Public Prosecutor were heard.
Taking note of the allegations levelled against the petitioners and the fact that there was an interim order at the time of admission on 10.07.2023 directing the respondents not to arrest the petitioners and which was extended from time to time, I do not find that custodial interrogation of the petitioners is necessary. Hence, the petitioners are directed to surrender before the Investigating Officer within seven days from today for interrogation. After interrogation, they shall be released on bail on executing a separate bond for Rs.50,000/-Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer on the following conditions:
1.The petitioners shall report before the Investigating Officer as and when required by the Investigating Officer.
2.The petitioners shall not induce, threaten, or intimidate any person from disclosing facts known to him to the Investigating Officer or to the court.
3.The petitioners shall not leave India without the previous permission of the Magistrate concerned.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders, in accordance with the law, notwithstanding the bail having been granted by this Court.