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2017 DIGILAW 834 (KER)

Niburaj v. State of Kerala, represented by The Public Prosecutor

2017-06-02

RAJA VIJAYARAGHAVAN V.

body2017
JUDGMENT : 1. This is an application seeking pre-arrest bail filed under section 438 of the Code of Criminal Procedure. 2. The petitioner has been arrayed as the 1st accused in Crime No.2448 of 2014 of Adoor Police Station, registered alleging offences punishable under sections 120(B), 403, 406, 409, 420 read with section 34 of the IPC. 3. The petitioner was the president of the SNDP Union, Adoor. According to the prosecution, with intent to cheat the de facto complainant, the petitioner along with the 2nd accused conspired and secured a loan from the Bank of India, Adoor Branch meant for disbursal to the self help group, of which the de facto complainant was the convener. The loan disbursed as aforesaid was deposited in the South Malabar Gramin Bank and instead of providing the money to the association, the accused are alleged to have misappropriated the same. 4. The learned counsel for the petitioner would submit that this registration of the FIR is an off shoot of a dispute between two factions of the SNDP Union, Adoor. Referring to the order passed by this Court in B.A. No. 2626, 2629, 2630 and 2637 of 2017 it is submitted that this Court had granted pre-arrest bail to the petitioner in connected matters. 5. Heard the learned Public Prosecutor as well. 6. It appears that the crime has been registered in the year 2014. Disputes are pending before the civil court as well. After going through the materials on record, the stage of investigation and other facts and circumstances, it does not appear to me that the custodial interrogation of the petitioner is required for an effective investigation. The requirements for a proper investigation could be met with by imposing appropriate condition to be observed by the petitioner. 7. In the result, this application is allowed, but subject to the following conditions: (i) The petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. If he is proposed to be arrested, he 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 each for the like sum. If he is proposed to be arrested, he 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 each for the like sum. (ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. (iii) The petitioner shall make himself available for interrogation as and when required by the Investigating officer and for all investigative purposes whenever required. (iv) The petitioner shall not commit any similar offence while on bail. (v) The petitioner shall not leave India without the previous permission of the jurisdictional Magistrate. (vi) If he surrender before the Magistrate, this order shall not be applicable and the learned Magistrate may pass appropriate orders. (vii) In case of violation of any of the above conditions, the concerned court on being noticed of that fact will be empowered to cancel the bail.