IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 Bail Appl..No. 6987 of 2008() ----------------------------- CRIME NO.845/08 OF KANNUR TOWN POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. RINIL RELENCE T.J. S/O.JOHN VINCENT, AGED 40 YEARS, SUPALITHA NIV LAYAM, ONDEN ROAD, KANNUR. 2. ARCHI BOLD LEE PRINCELY T.J. S/O.JOHN VINCENT, AGED 38 YEARS, BETHEL, EDAPPAL AMSOM, THUYYAM DESOM. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): --------------- STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6987 of 2008 ----------------------------------------- Dated this the 26th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 468, 420, 120B read with 34 of the Indian Penal Code. According to prosecution, de facto complainant's father executed a power-of-attorney in favour of first accused. This was on an understanding his property can be sold, but another property has to be purchased in his own name using the sale consideration. But, first accused sold the property to second accused, who is his brother and did not purchase any property in the name of the person, who executed the power-of-attorney, as aforesaid . Later, after the death of executant of the power-of-attorney, a letter purporting to be issued by the dead person was given to the authorities to record second accused as the owner of the property. Thereby petitioners committed the various offences. 3. Learned counsel for petitioners submitted that the allegations are not correct. There is no such claim for de facto BA.6987/08 2 complainant as stated by learned Public Prosecutor. Petitioners are innocent of the allegations made and they may be granted anticipatory bail, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that the case diary reveals that there are serious allegations against petitioners. The property was purchased in the name of second accused but no property was purchased in the name of the person who executed the power-of-attorney. It is also revealed in investigation that on the very next day of the death of de facto complainant's father, a document is forged, purporting to be signed and submitted by him and second accused to record that second accused as the owner of the property. It is not a fit case to grant anticipatory bail, it is submitted. On hearing both sides, considering the serious nature of allegations made and the nature of investigation that would be required, I am satisfied that it is not a fit case to grant anticipatory bail. Petitioner's interrogation will be required for bringing out the matters which are within the exclusive knowledge of the petitioners. The crime was registered as early as on 14.10.2008 and petitioners must make themselves available for interrogation. BA.6987/08 3 Petitioners are directed to surrender before the investigating officer without any delay and co- operate with the investigation. Whether they surrender or not, police is at liberty to arrest them at any time and proceed in accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.