IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1905 of 2008() ----------------------------- CRIME NO.68/08 OF MUNAMBAM POLICE STATION : PETITIONERS/ACCUSED NO. 1 TO 3 ----------------------------------------------- 1. K.K.PONNAPPAN, AGED 62 YEARS, KANNATHUSSERY HOUSE, CHERAI, ERNAKULAM DISTRICT. 2. PRAKASHAN, AGED 64 YEARS, KANNATHUSSERY HOUSE, CHERAI, ERNAKULAM DISTRICT. 3. LAIGY PONNAPPAN, AGED 58 YEARS, W/O.PONNAPPAN, KANNATHUSSERY HOUSE, CHERAI, ERNAKULAM DISTRICT. BY ADV. SRI.MANSOOR.B.H. RESPONDENTS: ------------- 1. STATION HOUSE OFFICER, MUNAMBAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1905 of 2008 ------------------------------------- Dated this the 26th day of March, 2008 ORDER Application for anticipatory bail. Petitioners are accused 1 to 3. They face allegations in a crime registered for offences punishable under Section 420 I.P.C. Crime has been registered on the basis of a private complaint filed before the learned Magistrate which has been referred to the police by the learned Magistrate under Section 156(3) Cr.P.C. The allegations relate to a property transaction. The petitioners had allegedly agreed to sell their property to the defacto complainant and had received an advance. They had allegedly fraudulently suppressed the fact that the property is already pledged before another bank. Civil suit is pending. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied in the facts and circumstances of this case that the petitioners can be granted anticipatory bail. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. B.A.No.1905 of 2008 2 3. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioners shall appear before the learned Magistrate at 11 a.m on 02.04.08. They shall be enlarged on regular bail on their executing a bond for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 4 p.m on 03.04.08 and 04.04.08. During this period, the Investigating Officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps the proper conduct of the investigation. Thereafter the petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of 2 months and subsequently as and when directed by the Investigating Officer in writing to do so; iii) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to B.A.No.1905 of 2008 3 arrest the petitioners and deal with them in accordance with law as if those directions were not issued at all; iv) If the petitioners were arrested prior to their surrender on 02.04.08 as directed in clause (1) above, they shall be released from custody on their executing a bond for Rs.50,000/- (Rupees Fifty thousand only) without any sureties undertaking to appear before the learned Magistrate on 02.04.08. (R.BASANT, JUDGE) rtr/-