IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 Bail Appl..No. 4780 of 2008() ----------------------------- CRIME NO.453/08 OF VAIKOM POLICE STATION PETITIONER : IST ACCUSED ---------------------------- K.K. MURUKAN, AGED 50, S/O. KUTTAPPAN ACHARI, PEEDIKAMADATHIL, NADAMA, NADAMA VILLAGE, KANAYANNUR TALUK. BY ADV. SRI.ABRAHAM P.GEORGE RESPONDENT: ------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, VAIKOM POLICE STATION, VAIKOM THROUGH THE PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.4780 of 2008 ------------------------------------------------------- Dated this the 6th day of August, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 420, 120(b), 506(ii) and 34 IPC. According to the prosecution, in respect of property which belongs to A2 to A6, an agreement was executed for sale in favour of the first accused. On the strength of the said agreement, first accused executed another agreement, agreeing to sell the property to the defacto complainant. First accused obtained more than Rs.8 lakhs as advance from the defacto complainant. Immediately, he handed over Rs.5 lakhs to the second accused. But, terms of both the agreements were violated and the property could not be sold and hence, the defacto complainant lodged a complaint. 3. Learned public prosecutor submitted that the dispute appears to be civil in nature. A civil suit is also pending. Therefore, petitioner may be directed to appear before the Investigating Officer for interrogation and subject to that condition bail may be granted. BA No.4780/08 2 Hence, the following order is passed: (i) Petitioner is directed to surrender before the Investigating Officer within seven days from today and make himself available for interrogation. (ii) Thereafter, if petitioner is arrested, he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that he will appear before the Investigating Officer as and when directed and also co-operate with the investigation. The petition is allowed. K.HEMA, JUDGE csl