Badarudeen v. State of Kerala, represented by Public Prosecutor, High Court of Kerala
2013-09-30
THOMAS P.JOSEPH
body2013
DigiLaw.ai
Judgment : 1. Petitioner is accused in Crime No.680 of 2013 of Chathannoor Police Station, for offences punishable under Section 406 and 420 of the Penal Code. 2. The case concerns an agreement dated 10.02.2013 executed between the petitioner and the de facto complainant concerning purchase of a tipper lorry belonging to the de facto complainant for Rs.7,25,000/-(Rupees Seven lakhs twenty five thousand only) of which, it is said that Rs. 1,50,000/-(Rupees One lakh fifty thousand only) was paid to the petitioner. According to the de facto complainant, possession of the vehicle was given to the petitioner but, he cheated the de facto complainant by not paying the balance sum of Rs.5,75,000/- (Rupees five lakhs seventy five thousand only). 3. Learned counsel for the petitioner submits that as per terms of the agreement, the de facto complainant had to release all the vehicular documents to the petitioner based on which the petitioner was to take a loan. The balance amount could not be paid because the de facto complainant did not hand over the vehicular documents. It is also submitted that the petitioner was coerced to execute another agreement whereby 25 days time was granted to the petitioner for payment of the balance amount to the de facto complainant after delivery of the vehicular documents. A further submission is that the police had taken the vehicle to custody. 4. I have heard the learned Public Prosecutor and the learned counsel for the de facto complainant. 5. Having regard to the nature of allegations made against the petitioner, I am inclined to grant anticipatory bail to the petitioner but, subject to conditions since the interest of the de facto complainant also has to be protected. Resultantly, this petition is allowed as under. It is directed that in case the petitioner is arrested in Crime No.680 of 2013 of Chathnnoor Police Station, he shall be released on bail on his executing bond for Rs.20,000/- (Rupees Twenty thousand only) with two sureties for the like sum each before the arresting officer and subject to the following conditions.
Resultantly, this petition is allowed as under. It is directed that in case the petitioner is arrested in Crime No.680 of 2013 of Chathnnoor Police Station, he shall be released on bail on his executing bond for Rs.20,000/- (Rupees Twenty thousand only) with two sureties for the like sum each before the arresting officer and subject to the following conditions. (1) That the petitioner shall, within a month from the date on which the de facto complainant produces before the Jurisdictional Magistrate the vehicular documents and its release to the petitioner from the said court on application made by the petitioner, deposit before the Jurisdictional Magistrate for payment to the de facto complainant Rs.5,75,000/- (Rupees Five lakhs and seventy five thousand only). (2) The vehicle now in the custody of the police shall not be released to the petitioner until the above condition is complied or, otherwise as may be ordered by the Jurisdictional Magistrate having regard to the facts of the case. (3) It is directed that in case any of the above conditions is violated, it is open to the Investigating Officer or the de facto complainant to move for cancellation of bail before the Jurisdictional Magistrate as held in P.K. Shaji V. State of Kerala AIR 2006 SC (100).