BAIL APPL No. 5511 of 2012 · Kerala High Court
Case at a glance
Provisions considered
- Indian Penal Code, 1860 s. 34
Judgment
N. K. BALAKRISHNAN, J.=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=B. A. No. 5511 of 2012=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=Dated this the 3rd day of August, 2012
O R D E RPetitioners are accused Nos.3 and 4 in Crime No.610/2011 of Mala Police Station, Thrissur district. Offencesalleged against them are under sections 406 and 420 r/wsection 34 IPC. Apprehending arrest, this petition is filed for anticipatory bail.
The prosecution contends that accused Nos.1 and2, who were conducting chitty, collected huge amounts from various persons illegally and wihout paying the chittyamount to the de facto complainant and various other persons, the petitioners committed criminal breach of trust and also cheated the de facto complainant and others. Thepetitoiners (accused Nos.3 and 4) who were the collection agents facilitated the commisison of the crime, it is alleged.
Learned counsel for the petitioners submits that B.A.No.5511/2012- 2 -the petitioners who were the collection agents were employed on a monthly salary of Rs.3,000/- and in fact even the salary was not properly paid by accused Nos. 1and 2. The petitioners had no knowledge regarding the legality or otherwise of the chitty conducted or about thenon-payment of the money to the de facto complainant and others.
Considering all the aspects, the following directions are issued: The petitioners shall surrender before the Investigating Officer within two weeks from today. Afterinterrogation they shall be produced before the learnedMagistrate. When applied for bail by the petitioners, the learned Magistrate will, considering the nature of the case, grant bail to them but on the following conditions:a) The petitioners shall execute a bond forRs.25,000/- (rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or B.A.No.5511/2012- 3 -correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of thesureties.b) The petitioners shall make themselves available for interrogation by the Investigating Officer and they should appear before the Investigating Officer on all alternate Saturdays between 9.30 AM to 11.30 AM until further orders.c) The petitioners shall produce their original passports before the learned jurisdictional Magistrate. Ifthey are not having any valid passport, they should file an affidavit regarding the same before the Magistrate.d) The petitioners will also file an affidavit stating that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and that they 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 from disclosing such facts to B.A.No.5511/2012- 4 -the court or to any police officer or tamper with theevidence.e) The petitioners shall not leave the State of Keralawithout permission of the court.f) The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/driving licence etc.N.K. BALAKRISHNAN, JUDGEmn
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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