1.This petition is filed under section 438 of the Code of Criminal Procedure. 2.The petitioner herein is the accused in Crime No.996 of 2018 of the Muvattupuzha Police Station, registered under Sections
406 & 420 of the IPC. 3.The petitioner herein is the Chairman of Indira Gandhi Memorial Trust and various other institutions. He is also the Manager of SSMLP School at Kudamunda. According to the de facto complainant, the petitioner herein offered employment to his son and secured a sum of Rs.10 lakhs from him on 21.05.2015. Thereafter, on two separate occasions, a sum of Rs.12 lakhs was also obtained by the petitioner herein for the construction purposes. The son of the de facto complainant joined employment however his salary was not paid. Steps were also not taken by the petitioner herein to obtain sanction for securing a division of the said School. It appears that when the petitioner failed to B.A.No.2229 of 2018 2 repay the amount, cheque was issued by the petitioner herein. The same was dishonoured. Thereafter, notice under Section 138 of the Negotiable Instruments Act,1881, was issued and later prosecution was initiated. Thereafter, complaint was filed resulting in the registration of the Crime. 4.The learned senior counsel appearing for the petitioner submitted that even if the allegations are admitted as such, offence under Sections 420 and 406 of the IPC will not be made out. According to the learned counsel, a sum of Rs.22 lakhs was borrowed by the petitioner from the de facto complainant and in discharge of the same, cheque was issued. According to the learned senior counsel, the petitioner is running various Schools and Institutions and if the petitioner is remanded to custody, he will be subjected to gross humiliation and ignominy. 5.The learned Public Prosecutor has made available the case diary. It appears that the petitioner herein has undertaken to the de facto complainant that the amount would be paid without delay. He has issued cheque as well. However, the B.A.No.2229 of 2018 3 same has been dishonoured. 6.Having regard to the nature and gravity of the allegations, the antecedents of the petitioner and attendant facts, it does not appear to me that custodial interrogation of the petitioner is warranted in the instant case. 7.In the result, this petition will stand allowed. The petitioner shall appear before the investigating officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on his executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:
(i)The petitioner shall co-operate with the investigation and shall appear before the Investigating Officer on every Saturdays between 10 A.M and 1 P.M. for a period of one month or till the final report is filed whichever is earlier. ii)The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such B.A.No.2229 of 2018 4 facts to the court or to any police officer. iii)The petitioner shall not commit any similar offence while on bail. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law. Sd/- RAJA VIJAYARAGHAVAN V., JUDGE IAP //True Copy\\ P.A to Judge
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