ORDER

This is an application for anticipatory bail.

2. The petitioner is the 3rd accused in Crime No.2052/2021 of Fort Police Station, Thiruvananthapuram District, alleging commission of offences under Sections 409 & 420 r/w. Section 34 of the Indian Penal Code.

3. The allegation against the petitioner is that the petitioner together with the other accused in the case compelled the de facto complainant to deposit about Rs.38 lakhs in Fixed Deposit with the Electrical and Electronics Technicians Co-operative Society promising substantial returns and thereafter, failed to return the amounts to the de facto complainant.

4. The learned counsel for the petitioner submits with reference to the First Information Report that the petitioner is not named as an accused in the First Information Report. It is submitted that while the petitioner was the founder President of the aforesaid Society, the petitioner was not a member of the Board of Directors at the time when the alleged deposit was made or thereafter. It is submitted that the petitioner is absolutely innocent in the matter.

5. The learned Public Prosecutor submits that the petitioner was arrayed as an accused in the case on account of the fact that the petitioner, who was the founder President of the Society, had thereafter constituted the Board in a manner that it was filled with his relatives or friends. It is submitted that a serious fraud was committed and a huge amount of money was lost to the de facto complainant on account of the fraudulent transaction. It is submitted that the petitioner has to be interrogated in the matter and is not entitled to anticipatory bail.

6. Having regard to the facts and circumstances of the case and considering the fact that the allegations against the petitioner are restricted to the fact that he was the founder President of the Society and that he had thereafter filled the Director Board with either his relatives or his friends, I am of the view that the petitioner can be granted anticipatory bail subject to conditions.

7. In the result, this application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of arrest in Crime No. 2052/2021 of Fort Police Station subject to the following conditions:-

(i) Petitioner shall execute a 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 jurisdictional Court;

(ii) Petitioner shall appear before the investigating officer in Crime No. 2052/2021 of Fort Police Station at 10 a.m. on 28.2.2022 and

2.3.2022 and thereafter whenever called upon to do so;

(iii) 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. 2052/2021 of Fort Police Station;

(v) 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.2052/2021 of Fort Police Station may file an application before the jurisdictional Court for cancellation of bail.