IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 Bail Appl..No. 9227 of 2011 CRIME NO.862 OF 2011 OF RANNI POLICE STATION, PATHANAMTHITTA. PETITIONER/ACCUSED -------------------------------------- RADHAKRISHNAN, AGED 55 YEARS, S/O.NARAYANAN, VENMELIKIZHAKKETHIL, PAZHAVANGADI. BY ADV. SRI.TITUS MANI VETTOM RESPONDENTS: STATE -------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, RANNY, PATHANAMTHITTA. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO.9227 OF 2011 ------------------------------------------------------ Dated this the 15th day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.862 of 2011 of Ranni Police Station, Pathanamthitta District. 2. The offences alleged against the petitioner are under Sections 405, 420, 423 and 468 of the Indian Penal Code. 3. The prosecution case is that the petitioner sold an extent of 14.82 cents of land to the defacto complainant at a price of `2,18,750/- per cent, making him believe that the petitioner is the sole owner of the property. It is alleged that the sister of the petitioner also have right in the property and that was suppressed by the petitioner. The further allegation is that the children of the deceased brother of the petitioner filed a civil suit claiming rights over the property. The property originally belonged to the father of the petitioner. BAIL APPL. NO.9227 OF 2011 :: 2 :: 4. The petitioner was arrested on 22.10.2011 and he was remanded to judicial custody. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Ranni, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; BAIL APPL. NO.9227 OF 2011 :: 3 :: e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/