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Judgment
The petitioner herein is the 5th accused in Crime
No.1262 of 2015 of the Ochira Police Station, involving the
offences under Sections 420 and 406 read with 34 of the
Indian Penal Code . Some malpractice or dishonest acts, on
the part of the office bearers of the Chitty Company,
amounting to breach of trust and cheating, is the subject
matter of the crime registered in 2015. The petitioner
seeks pre-arrest bail on the apprehension of arrest by the
Police.
It is submitted by the learned Public Prosecutor
that this petitioner was arraigned as accused only on
5.5.2017. An earlier application brought by him was
dismissed for non-prosecution. The said application did not
state the details of the crime, or how he was arraigned as
accused or what is the offence against him. The said
application was not disposed of on merits. Now he has a
cause to seek bail, because he stands arraigned as the 5th
accused.
On hearing both sides, I find that the allegations
as against him, made at the very late stage of investigation,
appears to be doubtful. It is submitted that he was only an
employee of the Chitty Company at the relevant time. If so,
he will be a very important witness to prove the alleged acts
of offence. It is not known how the employee happened to
be arraigned as accused, when practically the allegations
are against the office bearers of the Chitty Company.
Anyway, it is submitted that this Court has already granted
bail to the 3rd accused as per the order dated 25.5.2017 in
B.A No.3118/2017. I find no reason to deny bail to the
petitioner in the above circumstances.
In the result, this petition for pre arrest bail is allowed.
The petitioner is ordered to be released on bail on his
executing a bond with two solvent sureties for 40,000/-
(Rupees Fourty thousand only) each to the satisfaction of
the arresting officer or the court below having jurisdiction, in
case of his arrest in connection with Crime No.1262/2015 of
the Ochira Police Station. Bail is granted on condition that:
a) The petitioner shall appear before the
investigating officer as and when required by him
for interrogation.
b) The petitioner shall not in any manner
influence or intimidate the material witnesses, or
he shall not have any contact with the material
witnesses directly or over telephone or otherwise.