IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 Bail Appl..No. 4393 of 2009() ----------------------------- CRIME NO.126/2009 OF POTHENCODE POLICE STATION PETITIONER/IST ACCUSED ------------------------------------------ DR.ABDUL KAFOOR, NIZA COTTAGE, THUNDUTHIL (P.O.), AYIROOPPARA, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAJAGOPALAN NAIR SRI.G.BIJU SRI.S.JAYAPRAKASH (MADAVOOR) RESPONDENT(S): COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, POTHENCODE POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4393 of 2009 --------------------------------------------- Dated this the 11th day of August, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.126 of 2009 of Pothencode Police Station. 2. The offences alleged against the petitioner are under Sections 120B, 406, 417, 418 and 420 of the Indian Penal Code. 3. The defacto complainant submitted a petition dated 12.12.2008 to the Superintendent of Police (Rural), Thiruvananthapuram which was forwarded to the DYSP and which was further sent down to the Pothencode Police Station where it was registered as Crime No.126 of 2009. 4. The allegations in the petition submitted by the defacto complainant are the following: Smt.Anandam, the second accused, entered into an agreement with the first accused for sale of her property having an extent of 9 Ares and 65 sq.mtrs. to the first accused or to any person whom he BA No.4393/2009 2 nominates. The first accused entered into an agreement for sale with the defacto complainant and a sum of Rs.5 lakhs was received as advance. It is alleged that instead of transferring the property to the defacto complainant, the accused persons conspired together and as a result of the conspiracy, the second accused transferred the property to a third party. It is alleged that in the document of title a very low consideration has been shown and thereby the accused persons cheated the petitioner, as well as the Government in the matter of payment of stamp duty. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; BA No.4393/2009 3 c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE csl