IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 Bail Appl..No. 2722 of 2009 CRIME NO. 52 OF 2009 OF VELLARADA POLICE STATION PETITIONERS: ACCUSED NOS.1 TO 3: -------------------- 1. SUBAIRUDEEN, AGED 60, S/O. NOORUMUHAMMED, 'USHAS', KUDAPPANAMOODU.P.O. VELLARADA, THIRUVANANTHAPURAM. 2. AMINA BEEVI, W/O. SUBAIRUDEEN, AGED 55, --DO-- 3. HAJA HUSSAIN, S/O. SUBAIRUDEENL AGED 34, -DO- BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENT: COMPLAINANT & FORMAL PARTY: --------------- 1. STATE OF KERALA TO BE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.H.O. VELLARADA POLICE STATION, VELLARADA, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2722 OF 2009 ------------------------------------------------------ Dated this the 26th May, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused in Crime No.52 of 2009 of the Vellarada Police Station. 2. The offence alleged against the petitioners are under Sections 420, 468, 471, 474 and 120(B) read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the first accused approached the de facto complainant Bank for a housing loan stating that they are constructing a house in 10.5 cents of land belonging to the first accused, which was transferred by the third accused in his favour. There is a neighbouring property belonging to the third accused. The third accused had taken a loan from the State Bank of Travancore on the basis of the security of that property. The allegation is that the officers of the de facto complainant were misled by the accused by creating an impression that the house was being constructed in the 10.5 cents of land which was mortgaged to the de facto complainant Bank. Learned counsel for the B.A. NO. 2722 OF 2009 :: 2 :: petitioners submitted that it is not in dispute that the third accused is the owner of the neighbouring property. Even if the house is in the property belonging to the third accused, there is no case that the first accused has no property as shown in the title deed, submits the counsel. 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 petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail for a period of one month on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) Petitioners 1 and 3 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 petitioners shall appear before the investigating officer for interrogation as and when required; B.A. NO. 2722 OF 2009 :: 3 :: c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; e) On the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail; f) 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 ahz/