IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 Bail Appl..No. 3772 of 2008() ----------------------------- (CRIME NO.161/2008 OF MANJESHWAR POLICE STATION) PETITIONERS/ACCUSED ------------------------------------ 1. NARAYAN, S/O.KORAGA, SHANTHI GURI, MANGALPADY VILLAGE, KASARAGOD DISTRICT. 2. LAKSHMI, D/O.KORAGA, SHANTHI GURI, MANGALPADY VILLAGE, KASARAGOD DISTRICT. 3. AITHAPPA S/O.KARYA, PULLUKUTJI, MANGALPADY VILLAGE, KASARAGOD DISTRICT. 4. MUHAMMED, S/O.MUHAMMED KUNHI, AGATHIMOOLA HOUSE, KUBANNOOR, KASARAGOD DISTRICT. BY ADV. SRI.ALAN PAPALI SRI.SOJAN MICHEAL RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3772 of 2008 ------------------------------------------- Dated this the 13th day of June, 2008 ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 120B, 447, 465, 467 and 468 of IPC. A private complaint is filed by the defacto complainant alleging the above offences against the petitioners which was forwarded under Section 156(3) of Crl.P.C. and the crime was registered. 3. Learned counsel for the petitioners submitted that there was a property transaction between the first petitioner and the defacto complainant's mother. The property was handed over to the first petitioner. After the death of the mother, the defacto complainant demanded more money for the property, for which, the first petitioner was not willing and hence, a false complaint is filed, it is submitted. 4. Learned public prosecutor conceded that the petitioners as per the records the defacto complainant himself has alleged that the petitioners are in possession of the disputed property on the date of occurrence. BA No.3772/08 2 5. On hearing both sides, I find that a suitable direction can be issued to the petitioners, since it appears that a civil dispute is involved. Hence, the following order is passed: (1) The petitioners shall surrender before the Investigating officer within ten days from the date of this order and make themselves available for interrogation and co-operate with the investigation. (2) In the event of the arrest of the petitioners, if any, the petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: (i) The petitioners shall report before the Investigating officer as and when directed. (ii) The petitioners shall not leave the limits of the police station in which the crime is registered except with the previous permission of the Magistrate court. The petition is allowed. K.HEMA, JUDGE csl BA No.3772/08 3