IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

FRIDAY, THE 8^TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945 BAIL APPL. NO. 5470 OF 2023 Crime No.279 of 2023 of Edathala police station, Ernakulam PETITIONER/1st ACCUSED:

MUHAMMED ISMAIL AGED 41 YEARS S/O KHADER HAJI, RESIDING AT KARIMBANAKKAL, MURAVATHUPARAMBU, KUNNAPPALLY P.O, PERINTHALMANNA, MALAPPURAM DISTRICT, ., PIN - 679322 BY ADV J.R.PREM NAVAZ RESPONDENT/STATE:

STATE OF KERALA REPRESENTED PUBLIC PROCECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR SRI. NOUSHAD K A (SR PP)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is an application for anticipatory bail

2. Petitioner is the designated partner of a Limited liability Partnership Firm known as ‘Digibiz Construction Consumers LLP’. Petitioner is the 1^st accused in Crime No.279 of 2023 of Edathala police station, Ernakulam district, alleging commission of offences under Sections 406 and 420 of the Indian Penal Code.

3. Allegation against the petitioner is that the petitioner entered into a contract with the husband of the de facto complainant for construction of a house and after receiving a huge sum of money, completed only part of the work and thereby, caused wrongful loss to the husband of the de facto complainant. It is also alleged that when the de facto complainant contacted the petitioner regarding the matter, he had abused her and used sexually coloured remarks against her.

4. Learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that even if the allegations are taken to be true, the remedy of the de facto complainant/her husband lies in preferring a civil suit. It is submitted that the process of criminal law has been abused for the purposes of settling civil disputes. It is submitted that the petitioner had no occasion to use any sexually coloured remarks in any conversation with the de facto complainant.

5. Heard the learned Public Prosecutor also.

6. Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and having regard to the facts and circumstances of the case, and also considering the nature of the allegations raised against the petitioner, I am of the view that the anticipatory bail can be granted to the petitioner. Learned counsel appearing for the petitioner is right in suggesting that the major part of the allegation relates to a contractual relationship between the petitioner and the husband of the de facto complainant and remedy of the de facto complainant/her husband in that matter lies in getting their rights enforced through a civil Court and not by setting the criminal law in motion. Therefore, the petitioner can be granted anticipatory bail subject to conditions.

In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in crime No.279 of 2023 of Edathala police Station subject to the following conditions:-

(i) Petitioner shall execute bond for a sum of Rs.50,000/-

(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Arresting Officer;

(ii) Petitioner shall appear before the investigating officer in Crime No.279 of 2023 of Edathala Police station at 11.00 AM on 13.09.2023 and thereafter, as and when summoned to do so;

(iii) The petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No. 279 of 2023 of Edathala police station;

(iv) 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 No. 279 of 2023 of Edathala police station may file an application before the jurisdictional court, for cancellation of bail.

It is made clear that the observa