Anticipatory bail may be granted with conditions to ensure cooperation with ongoing investigations, even in serious fraud allegations.

ORDER

Applications for anticipatory bail.

B.A.No.6016 of 2022

2. Petitioner is the 2nd accused in Crime No.557 of 2021 of Edakkad Police Station, Kannur District registered alleging commission of offence punishable under Section 420 r/w Section 34 of IPC .

3. The prosecution allegation is that, the 1st accused had induced the defacto complainant and extracted money from him through the bank account of the petitioner/2nd accused with a false promise to arrange a job for him abroad and thereby the accused persons in furtherance of their common intention committed the alleged offences.

B.A.No.5992 of 2022

4. Petitioner is the 2nd accused in Crime No.558 of 2021 of Edakkad Police Station, Kannur registered alleging commission of offence punishable under Section 420 r/w Section 34 of IPC .

5. The specific case of the petitioner is that he has been falsely implicated in the above said crimes and as regards the transfer of amount to the account of the petitioner, the contention of the petitioner is that the 1st petitioner owed some amount to the petitioner and the petitioner requested the 1st accused to pay back that amount and the 1st accused later responded that he has arranged some amount and it will be remitted to the account of the petitioner. Petitioner has further case that in respect of some transactions, civil suits are filed and are pending as O.S Nos.37 of 2022 & 39 of 2022 before the Munsiff Court, Kannur filed by the defacto complainant in which the the petitioner is arrayed as an accused.

6. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

7. The learned Public Prosecutor upon instructions submitted that as regards the allegation in Crime No.558 of 2021, the originally the amount was obtained by the 1st accused on the pretext of arranging job abroad. Later, the 1st accused advised the defacto complainant that the amount could be deposited in online marketing company by named “Q-Net” and thus defrauded the defacto complainant. Whereas the allegation in Crime No.557 of 2021 against the petitioner is that the 1st accused had induced the defacto complainant and extracted money from him through the bank account of the petitioner/2nd accused with a false promise to arrange a job for him abroad.

8. Having regard to the facts and circumstances of the case, and nature of the allegations, I am inclined to grant pre-arrest bail to the petitioner on stringent conditions. The above bail applications are allowed with the following directions. The petitioner shall surrender before the investigating officer on 29.08.2022 and make himself available for interrogation on that day or on any other day or days as directed by the investigating officer. In the event of arrest of the petitioner in Crime Nos.557 & 558 of 2021 of Edakkad Police Station, he shall be produced before the jurisdictional Magistrate on the same day and be released on bail on the following conditions:

(i) The petitioner shall execute a bond for sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The petitioner shall appear before the investigating officer in Crime Nos.557 & 558 of 2021 of Edakkad Police Station as and when summoned to do so;

(iii) The petitioner shall co-operate with the investigation and make himself available for interrogation whenever so required;

(iv) The petitioner shall not tamper with any evidence;

(v) The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;

(vi) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating Officer in Crime Nos.557 & 558 of 2021 of Edakkad Police Station, may file an application before the jurisdictional court for cancellation of bail.

It is made cle