IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 Bail Appl..No. 4630 of 2008() ----------------------------- CRIME NO.168/08 OF ALAKODE POLICE STATION PETITIONERS: ACCUSED 1 TO 5. -------------------------------- 1. BENNY JOSEPH, S/O.K.D.JOSEPH, AGED 41, AGRICULTURSIT, KAVUKAD HOUSE, KARITHIAPURAM, ALAKODE. 2. THRESIAMMA JOSEPH,W/O.K.D.JOSEPH, OF -DO---.. 3. SHAJI M.B., S/O.BHASKARAN, AGED 40, AGRICULTURIST, MANGALATH HOUSE, KARTHIKAPURAM,ALAKODE. 4. K.D.JOSEPH,S/O.DEVASSIA, AGED 73 YEARS, AGRICULTURIST,KAVUKAD HOUSE, KARTHIKAPURAM,ALAKODE. 5. NIRMALA BENNY, W/O.BENNY JOSEPH, AGED 39 YEARS, HOUSE WIFE, KAVUKAD HOUSE, KARTHIKAPURAM,ALAKODE. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENTS: COMPLAINANT. ------------------------- STATE OF KERALA REPRESENTED BY THE S.H.O ALAKODE POLICE STATION, THOUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 4630 of 2008 ----------------------------------------- Dated this the 25th July, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 420 read with 34 of Indian Penal Code. According to prosecution, the petitioners, after mortgaging the property in favour of KSFE, cut and removed rubber trees and thereby diminished value of the property and cheated the KSFE. 3. Learned counsel for petitioners submitted that the allegations are not correct. The property is actually improved and its worth is not diminished. A certificate issued by the Agricultural Officer is produced as Annexure-I which shows that there are 300 cashew nut trees and 200 arecanut trees which are 7 and 6 years old respectively in the property and the rubber trees, after a particular period, will have to be cut and removed and re-planted substantially, it is contended. 4. On hearing both sides, I am satisfied that anticipatory bail can be granted to the petitioner. BA.4630/08 2 Hence, the following order is passed: i. Petitioners shall surrender before the investigating officer within seven days from today and make themselves available for interrogation. ii. Thereafter, in the event of their arrest, if any, they shall be released on bail on executing a bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that they will co-operate with the investigation and report before the investigating officer, as and when directed. Petition is allowed. K.HEMA, JUDGE vgs.