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. 2584 of 2009 CRIME NO,499 OF 2008 OF FEROKE POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. MADATHIL KUNIYIL KRISHNAKUMAR, AGED 54, S/O.NARAYANAN NAIR, "KOUSTHUBAM", FEROKE AMSOM, NALLUR DESOM, KOZHIKODE. 2. MAMIYIL SHYJA, AGED 29 YEARS, W/O.ANILKUMAR.M.K., THARAYIL HOUSE, FEROKE AMSOM, NALLUR DESOM, KOZHIKODE. 3. SATHEEDEVI.K., AGED 44 YEARS, W/O.M.K.KRISHNAKUMAR, "KOUSTHUBAM", FEROKE AMSOM, NALLUR DESOM, KOZHIKODE. BY ADV. SMT.T.V.NEEMA RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (REPRESENTING THE S.H.O., FEROKE POLICE STATION). 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. 2584 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 accused Nos.9, 10 and 11 in Crime No.499 of 2008 of the Feroke Police Station. 2. The offence alleged against the petitioners are under Sections 410, 420, 423, 424, 465 and 468 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that an extent of 2.5 cents of land, which belonged to the de facto complainant and her husband, was sold by the de facto complainant's husband with the help of the other accused, accused No.2 impersonating herself as the wife of the de facto complainant's husband. Accused No.11 is the document writer who prepared the document. Accused Nos.9 and 10 are the attesting witnesses to the document. It is submitted that all other accused were arrested and they were released on regular bail. The investigation of the case is almost complete. B.A. NO. 2584 OF 2009 :: 2 :: 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.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioners 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; 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/