IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 Bail Appl..No. 7430 of 2008(E) -------------------------------------- CRIME NO.322 OF 2008 OF PUTHENCRUZE POLICE STATION. PETITIONER/ACCUSED : -------------------------------------- DOMINIC, AGED 71, S/O.VAREETH, VALIYAVEETTIL HOUSE, ERUMATHALA P.O., CHOONDY. BY ADV. SRI.JAISON JOSEPH RESPONDENTS/STATE & COMPLAINANT: ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY'PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PUTHENCRUZE POLICE STATION. BY SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7430 OF 2008 ------------------------------ Dated this the 6th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 419, 467 and 420 of I.P.C. According to prosecution, an extent of property was allegedly conveyed in favour of the petitioner, who is first accused by one Kurumban in the year 2004. But the said Kurumban died as early as in 2003. Therefore, it is alleged that there is personation and forgery and also cheating. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. The property was conveyed to petitioner not under the circumstances, as alleged by the prosecution. The petitioner is not having any acquaintance with Kurumban. Hence he may be granted anticipatory bail, it is submitted. It is also submitted that petitioner is only a bona fide purchaser of the property and one Kodian is residing there. To evict him, a suit is filed by petitioner. Petitioner was called to the police station on several occasions and he has explained his innocence. Still the police is after petitioner, it is submitted. B.A.No.7430 of 2008 2 4. This petition is opposed. Learned Public Prosecutor submitted that investigation is going on and as per the documents, one Kurumaban executed the document in the year 2004 whereas, he had died as early as in the year 2003. Therefore, petitioner is required for interrogation and it is not a fit case to grant anticipatory bail. On hearing both sides, I am satisfied that in a case of this nature, unless the petitioner is interrogated by the police, it may not be possible to effectively investigate into the crime. Therefore, it is not a fit case to grant anticipatory bail, especially considering the serious nature of the allegations made. The crime is registered as early as on 28.05.2008. Petitioner is directed to surrender before the Investigating Officer and co-operate with the investigation and make himself available for interrogation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. The petition is dismissed. K.HEMA, JUDGE pac