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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.