IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 Bail Appl..No. 6263 of 2009() ------------------------------------- CRIME NO. 984/2009 OF MATHILAKAM POLICE STATION ........................... PETITIONER/ACCUSED: ---------------------------------- VINCENT, S/O,OUSEPH KURISUNGAL HOUSE, EDATHURUTHI, KODUNGALLUR THRISSUR DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT: --------------------- THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE MATHILAKAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6263 of 2009 ------------------------------------ Dated this the 25th day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.984/2009 of Mathilakam Police Station. 2. The offences alleged against the petitioner are under Sections 415 and 420 read with Section 34 of the Indian Penal Code. 3. The defacto complainant filed a complaint before the Magistrate's Court, which was forwarded to the police for investigation. The crime was accordingly registered by the police. The allegation of the defacto complainant is that accused persons entered into an agreement for sale of immovable property with the defacto complainant and defacto complainant paid advance. However, the accused persons did not execute the sale deed. They did not repay the advance amount also. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of B.A. No. 6263 of 2009 2 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. 15,000/- each 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. 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 ln