IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 16TH APRIL 2008 / 27TH CHAITHRA 1930 Bail Appl..No. 2207 of 2008() ----------------------------- (CRIME NO.451/2007 OF MUNDAKAYAM POLICE STATION) PETITIONER/2ND ACCUSED --------------------------------------- SAJU SEBASTIAN, S/O.SEBASTIAN VADASSERIL VELANILAM P.O., MUNDAKAYAM VILLAGE. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT: STATE ------------------ STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. - - - - - - - - - - - - - - - - - - - - - - - - - Bail Application No. 2207 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of April, 2008. O R D E R This application is filed under Sec. 438 Cr.P.C. Petitioner is the 2nd accused in Crime No.451 of 2007 of Mundakayam Police Station registered under sections 420 read with section 34 IPC on the basis of a private complaint filed by defacto-complainant, which was forwarded to the police for investigation as provided under section 156(3) Cr.P.C. The case against the petitioner is that he suppressed the factum of equitable mortgage created by the 1st accused over the property while acting as his power of attorney holder and executed the sale deed in favour of the 3rd accused from whom the defacto-complainant purchased the property. 2. Offence alleged against the petitioner is under section 420 read with section 34 IPC. As pointed out by the learned counsel for the petitioner, if the petitioner has not disclosed the equitable mortgage to the 3rd accused, it would not have been alleged that third accused committed an offence of cheating. 3. Considering the facts and circumstances of the case, this is a fit case where petitioner is entitled to be released under section 438 Cr.P.C. Hence, application is allowed on the following conditions:- BA 2207/08 2 The petitioner shall be released on bail, in the event of his arrest in Crime No.451 of 2007 of Mundakayam Police Station on executing a bond to the satisfaction of the Investigating Officer. Petitioner shall not interfere with the investigation and shall not directly or indirectly induce, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police. He shall not leave India without the permission of the learned Magistrate. He shall make himself available for interrogation as and when required by the Investigating Officer. He shall apply for regular bail before the Magistrate. It is made clear that this order will prevail for 30 days. M.Sasidharan Nambiar, Judge. mn