Judgment : 1. Petitioners are accused in Crime No.708 of 2013 of the Palarivattom Police Station for offences punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code, apprehend arrest and and have filed this application, 2. Learned Public Prosecutor submits that petitioners entered into an agreement with the de facto complainant on 11.2.2008 as per which the petitioners were to construct villa and transfer the same to the de facto complainant. By several installments, the petitioners received 17 lakhs from the de facto complainant. But even as on 17.9.2013 construction of the villa remains at the initial stage. Thus, the de facto complainant was cheated. Petitioners returned only a sum of 1 lakh to the de facto complainant on 11.9.2012. 3. Learned counsel submits that the petitioners had obtained six permits from the Local Authority for construction of villas. But, since a neighbour intervened, there happened to litigations concerning construction of villas and construction of the villas could not be completed within the stipulated time. The matter was talked over with the de facto complainant who agreed to withdraw from the agreement on receiving the amount invested by her. Learned counsel submits that consequently, an agreement was executed between the petitioners and the de facto complainant ( represented by her power of attorney holder) on 2.11.2013 as per which 16 lakhs is to be returned to the de facto complainant for which four cheques (for 4 lakhs each) dated 30.12.2013, 30.3.2014, 30.6.2014 and 30.9.2014 are given to the de facto complainant through her power of attorney holder. 4. Learned Public Prosecutor was not able to confirm whether any such agreement has been executed on 2.11.2013. Having regard to the circumstances stated above, I am inclined to grant relief to the petitioners but subject to conditions. (1) Petitioners shall report to the officer investigating the case on 18.11.2013 at 10 a.m for interrogation. (2) In case interrogation is not over that day, petitioners shall report to the said officer on the day/days and time directed by him. (3) Petitioners shall co-operate with the investigation of the case. (4) It is open to the investigating officer to look into whether any agreement dated 2.11.2013 as claimed by the petitioners has been entered into between them and the de facto complainant through her power of attorney holder. (3) Petitioners shall co-operate with the investigation of the case. (4) It is open to the investigating officer to look into whether any agreement dated 2.11.2013 as claimed by the petitioners has been entered into between them and the de facto complainant through her power of attorney holder. (5) In case arrest of the petitioners is recorded, they shall be released on bail on their executing bond for 25,000/- (Rupees Twenty five thousand only) each with two sureties for the like sum each before the Arresting Officer and subject to the following conditions. i) Petitioners shall comply with the directions contained in the agreement dated 2.11.2013 (which they say they have entered into with the de facto complainant through her power of attorney holder) without fail. ii) Petitioners shall report to the investigating officer as and when required for interrogation. Iii) In case any of the conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer or the de facto complainant may move application before the learned Magistrate as held in P.K. Shaji v. State of Kerala (AIR 2006 SC 100).