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Judgment
Bail is sought. It is sought under Sec.438 of Cr.P.C .
Petitioners are the accused in crime no.604/2017 of Kasaba
police station, Kozhikode. The offences alleged against them
are those punishable under Secs 120B and 420 of IPC read with
IPC 34.
The prosecution case is that the accused persons
conspired to cheat and cheated the first informant. It is alleged
that the property of petitioners 1 to 3 was agreed to be sold to
the first informant for a total price of 57 lakhs, but the
petitioners backed out after receiving an amount of 7 lakhs
towards sale consideration. It is also alleged that the first
informant was shown some other property as the property of
petitioners 1 to 3.
Heard the learned counsel for the petitioners and the
learned public prosecutor.
Going by the allegations, an agreement for sale of a
property was executed. The price of the property agreed to
work out to 57 lakhs. 7 lakhs was allegedly paid in advance
towards sale consideration. Petitioners dispute the quantum of
advance amount. They say that only 5 lakhs was received by
them. It was also submitted by the learned counsel for the
petitioners that the amount paid as advance was shown in the
agreement as 5 lakhs only. In short, the grievance could be
the breach of a contract. I am not to decide at present
whether the dispute between the parties is criminal or purely
civil. But it should not go unnoticed that the dispute is more
close to civil than criminal. Custodial interrogation of the
petitioners does not appear to be necessary in the facts and
circumstances of the case. The first petitioner is an
octogenarian and therefore she cannot be compelled to visit
the investigating officer every week. Others shall report to the
investigating officer once in a week.
The application is allowed. If arrested in connection
with crime no.604/2017 of Kasaba police station, Kozhikode,
the petitioners shall be released on bail after interrogation on
their executing bonds for 40,000/- (forty thousand only) with
two solvent sureties each for the like sum to the satisfaction of
the investigating officer. The first petitioner shall make herself
available for interrogation if so required by the investigating
officer. The other petitioners shall report to the investigating
officer between 10.00 a.m and 11.00 a.m on every Wednesday
for a period of three months or till the filing of the charge-
sheet, whichever is earlier. The petitioners shall refrain from
intimidating or attempting to influence witnesses. Nor shall
they destroy or tamper with evidence. The court concerned is
hereby empowered to cancel the bail in accordance with law if
any of the above conditions is violated. If the petitioners
surrender before the court concerned, this order shall have no
effect and that court will pass appropriate orders in accordance
with law as if this order has not been passed.