ORDER

This is an application for anticipatory bail.

2. The petitioner is the sole accused in Crime No.746/2021 of Chengannur Police Station, alleging commission of offence under Section 420 of the Indian Penal Code. The crime was registered on the basis of an order of the Judicial Magistrate referring a complaint filed by the de facto complainant for investigation under Section 156(3) of Cr.P.C.

3. The allegation against the petitioner is that after accepting money from the de facto complainant for construction of a residential building, the petitioner did not complete the construction of the building as promised and thereby committed the offence alleged against him. 4. The learned counsel for the petitioner submits that even assuming that the entire allegations of the de facto complainant are true, the matter is purely a civil dispute. It is also pointed out with reference to Annexure-2 that the de facto complainant has already filed a civil suit before the Munsiff Court, Chengannur, which is now pending as O.S.No.201/2021 on the file of that Court. The said suit is stated to be a suit for realisation of money. It is submitted that filing of the complaint before the Magistrate Court and its consequent reference for investigation at the instance of the de facto complainant was only a pressure tactic to compel the petitioner to agree to the illegal demands from the de facto complainant. It is submitted that, at any rate, the custodial interrogation of the petitioner is not necessary, in the facts and circumstances of the case.

5. I have heard the learned Public Prosecutor also.

6. Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioner, I am of the view that the petitioner can be granted anticipatory bail subject to conditions, especially taking into consideration of the fact that the custodial interrogation of the petitioner may not be necessary for a proper investigation into Crime No.746/2021 of Chengannur Police Station. 7. In the result, this application for anticipatory bail is allowed.

It is directed that the petitioner shall be released on bail in the event of arrest in Crime No. 746/2021 of Chengannur 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 jurisdictional Court;

(ii) Petitioner shall appear before the investigating officer in Crime No.746/2021 of Chengannur Police Station as and when summoned 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.746/2021 of Chengannur Police Station;

(iv) 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.746/2021 of Chengannur Police Station may file an application before the jurisdictional Court for cancellation of bail.