IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 Bail Appl..No. 347 of 2010() ---------------------------- Cr.85/2007 OF PALLITHOTTAM POLICE STATION PETITIONER/5TH ACCUSED ------------------------------------------ H.A.MUHAMMED ALI, AGED 75 YEARS S/O.ABDUL AZEEZ, AZIA MANZIL,LAKSHMI NADA VALIYAKADA CHERRY, KOLLAM. BY ADV. SMT.K.G.SARALAKUTTY RESPONDENT(S): --------------- STATE OF KERALA SUB INSPECTOR OF POLICE PALLITHOTTAM POLICE STATION, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.347 of 2010 --------------------------------------------- Dated this the 29th day of January, 2010 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.5 in Cr.No.85 of 2007 of Pallithottam Police Station. 2. The offences alleged against the petitioner are under Sections 406, 408, 420, 447, 453, 468 and 474 read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is the following : The first accused availed a loan of Rs.2,30,000/- from Urban Co-operative Bank, Kollam for purchasing an item of immovable property. She purchased a property from accused Nos.2 and 3 as per the document dated 18.5.1999. Another document was executed between accused Nos.2 and 3 on the one hand as sellers and accused No.1 as purchaser in respect of the very same property on 20.1.2005. This document was executed to enable the first accused to transfer the property to strangers, since the first accused could not transfer the property without this document as she had already mortgaged the property in BA No.347/2010 2 favour of the Bank while availing the loan. Thereafter, on 21.2.2006 the first accused sold the property to the fourth accused. 4. The petitioner is a document writer by profession. It is stated that he is an aged man. It is alleged that the second document executed by accused Nos.2 and 3 in favour of the first accused and the subsequent document were scribed by the petitioner. The documents were registered before accused Nos.6 and 7, the Sub Registrars. 5. 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 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/- 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; BA No.347/2010 3 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 csl