O R D E R

This is an application for Regular Bail.

2. The petitioner is accused No.2 in Crime No.1282/2022 of Ernakulam South Police Station, Ernakulam alleging commission of offences punishable under Sections 406 and 420 r/w Section 34 of the IPC.

3. The prosecution allegation is that, the 1st accused has entered into a rental agreement with original owner of the House No.MIG 358, 9th Cross Road, Panampilly Nagar and thereafter, with an intention to obtain wrongful gain, the accused Nos.1 to 3 defrauded the defacto complainant by leading him to believe that the 1st accused has authority to lease the house. It is further alleged that on 05.09.2019, the 1st accused has entered a lease agreement with the defacto complainant based on which the defacto complainant has paid a total amount of Rs.8,00,000/- to the accused. The allegation raised against the petitioner is that he is the witness of the said agreement and thereby committed the aforesaid offences.

4. The learned counsel for the petitioner submitted that his arrest was recorded on 10.11.2022 and he is in custody since then. It is further submitted that the offences alleged against him are entirely of civil nature and the offence under Section 420 is not attracted.

5. Heard the learned Public Prosecutor also.

6. Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is in custody from 10.11.2022, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

(i) The 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.1282/2022 of Ernakulam South Police Station, Ernakulam on every Monday at 11 am for a period of one month and thereafter as and when required by the investigating officer;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.1282/2022 of Ernakulam South Police Station, Ernakulam;

(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.1282/2022 of Ernakulam South Police Station, Ernakulam may file an application before the jurisdictional court, for cancellation of bail.