IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 Bail Appl..No. 2039 of 2008() ----------------------------- CMP.2014/2008 of J.M.F.C., KODUNGALLUR CRIME NO.165/08 OF VALAPPAD POLICE STATION .................... PETITIONER/ 1ST ACCUSED ---------------------------------------- BAHULEYAN, AGED 69, S/O.KARAYIL KRISHNAN MANALOOR VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ------------- THE STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, VALAPPAD POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 2039 of 2008 ------------------------------------------------- Dated this the 3rd day of April, 2008 ORDER Application for anticipatory bail. The petitioner faces allegations in a crime registered under Sec.420 of the IPC. The crime has been registered on the basis of a private complaint filed before the learned Magistrate and referred to the police by the learned Magistrate under Sec.156(3) of the Cr.P.C. 2. The de facto complainant is the owner of an item of property. He had approached the petitioner herein for a loan of Rs.25 lakhs. It is alleged that only an amount of Rs.1 lakh was actually advanced. A document was executed assigning the property to the petitioner herein. It was only a document executed in trust on the understanding that when the amount was returned, the re-conveyance deed must be executed. B.A. No. 2039 of 2008 -: 2 :- According to the de facto complainant, the amount has been returned in full. But the petitioner is refusing to return the document. In the meantime, the Income Tax Department had raided the premises of the petitioner and the document was seized by the Income Tax authorities. It was found that the an explanation was offered that only an amount of Rs.1 lakh has been received. 3. The crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. According to the petitioner, the allegations are totally false. There is a dispute about the amount which is liable to be returned. According to the petitioner, including interest etc., a larger amount is liable to be returned. There is a bona fide civil dispute between the parties about the actual amount that is liable to be returned by the de facto complainant to the petitioner. The petitioner is retaining the document in tune with his legal right of lien to retain the document. There is no element of culpability under Sec.420 of the IPC at all. It is a pure and simple civil dispute. The de facto complainant is trying to steal a march over the petitioner by initiation of vexatious proceedings under the criminal law. The criminal adjudicatory process is being misused and abused. The petitioner may be B.A. No. 2039 of 2008 -: 3 :- saved of the trauma of undeserved arrest and detention. 4. After the discussions at the Bar, the learned Public Prosecutor does not oppose the application for grant of anticipatory bail. I am satisfied, on consideration of the totality of circumstances, that anticipatory bail can be granted to the petitioner subject to appropriate conditions which shall ensure the interests of a fair, efficient and expeditious investigation. 5. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioner shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 10/4/08. He shall be released on regular bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 5 p.m. on 11/4/08 and 12/4/08. During this period the Investigator shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation. Thereafter the petitioner shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months. Subsequently, B.A. No. 2039 of 2008 -: 4 :- he shall so make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law as if these directions were not issued at all. (iv) If the petitioner were arrested prior to his surrender on 10/4/08 as directed in clause (i) above, he shall be released on his executing a bond for Rs.25,000/- without any sureties undertaking to appear before the learned Magistrate on 10/4/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge