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Judgment
Petitioner herein is arrayed as the fourth
accused in Crime No.1262/2015 of Oachira Police
Station, Kollam for offences punishable under
Sections 420, 406 and 34 of the Indian Penal Code
and Section 4 of the Chitties Act.
The allegation of the prosecution is that the
first accused, in connivance with the remaining
accused, conducted a chitty and after receiving
money from the subscribers, refused to return it.
Petitioner herein contending that he is not in any
manner connected with the chitty business and that
his wife alone is an employee of the chitty company
seeks pre-arrest bail.
The crux of the allegation is as against the
person who was conducting the chitty. Essentially, it
is an allegation against the first accused. Having
regard to this, I feel that custodial interrogation of the
petitioner herein is not warranted and he is entitled for
the benefit of pre-arrest bail. Hence, anticipatory bail
application is allowed subject to conditions:
(i) Petitioner shall appear before the
Investigating officer within ten days from today
and shall undergo interrogation. Thereafter, if he
is proposed to be arrested, he shall be released on
bail on he executing a bond for a sum of 40,000/-
(Rupees Forty thousand only) with two sureties
for the like sum each.
(ii) He shall appear before the Investigating
Officer as and when required for interrogation.
(iii) He shall not get involved in any other identical
offence and shall not threaten, coerce or intimidate
the defacto complainant or his witnesses.
The anticipatory bail application is allowed as
above.