IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 Bail Appl..No. 4139 of 2008() ----------------------------- CRIME NO.416/2008 OF THIRUVALLA POLICE STATION PETITIONER : ACCUSED ----------------- FAMEENA HANEEF, W/O.SALI FAROOQ SUHAIL VILLA, KANAM PO., KOTTAYAM BY ADV. SRI.BINOY VASUDEVAN RESPONDENTS: STATE ------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. SUB INSPECTOR OF POLICE, THIRUVALLA BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/07/2008, ALONG WITH BA NO.3971/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3971 of 2008 & B.A.No.4139 of 2008 ------------------------------------------- Dated this the 2nd July, 2008 ORDER This petition is for anticipatory bail. 2. The petitioner in B.A.No.3971/2008 is the first accused and the petitioner in B.A.No.4139/2008 is the second accused. They are husband and wife respectively. 3. According to the prosecution, the defacto complainant entered into an agreement for sale of a property to one Udayakumar. The property is worth Rs.3 crores. 2½ crores were paid by defacto complainant directly by various banks to clear off the liability on the property. Thereafter, Rs.50 lakhs was given to the petitioners by cash cheque to clear off other debts on the property since the deal was arranged through them. The defacto complainant is working abroad and the petitioners allegedly deceived the defacto complainant and made him to part with huge amount in favour of them but the amount was not paid back and the transaction also did not take BA No.3971 & 4139/08 2 place as per the agreement and thereby they committed offence of cheating. 4. Learned counsel for the petitioners submitted that the petitioners and the defacto complainant were doing real estate business. But, recently, they have fallen out and thereafter, suites were filed against each other. Three suits are pending in respect of sale of property. The defacto complainant filed the present complaint before the police and the first accused moved an anticipatory bail application. At that time, it was reported that no crime is registered against the petitioners and hence, the petition was dismissed. 5. It is also submitted that police visited the house of the second accused and enquired about the first accused. When she said that she is not aware of his whereabouts, she is also made an accused in the crime. Originally, the complaint was filed before the Assistant Commissioner of Police, Kochi. But, now a private complaint is filed before the Judicial First Class Magistrate Court, Thiruvalla based on which the crime is now registered at the Thiruvalla police station. The second petitioner has absolutely nothing to do with the alleged crime and she was BA No.3971 & 4139/08 3 falsely implicated, since she did not divulge the details of the first accused. It is submitted that the entire dispute is civil in nature. Learned counsel for the petitioners also submitted that the petitioners are prepared to surrender before the Investigating Officer at any time. 6. This petition is opposed. Learned public prosecutor pointed out that if anticipatory bail is granted, it may not be possible to procure the presence of the first accused, since Udyakumar who is also a person involved in real estate business committed several offence of similar nature and was not available for interrogation. He is absconding. Learned public prosecutor also submitted that on the facts of the case and the nature of the offence committed, petitioners will be required for custodial interrogation. However, it is submitted that he has no objection in granting bail on condition to the second accused, who is a lady, especially since she is stated to be at the initial stage of pregnancy. On hearing both sides, considering the facts stated above, the following order is passed: BA No.3971 & 4139/08 4 (i) The second accused shall surrender before the Investigating Officer within seven days from the date of this order and make herself available for interrogation. (ii) Thereafter, in case of arrest, the second accused shall be released on bail on her executing bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that she will report before the Investigating officer as and when directed and co-operate with the investigation. (iii) As far as the first accused is concerned, prayer for anticipatory bail is rejected. B.A.No.3971/2008 is dismissed. B.A.No.4139/2008 is allowed. K.HEMA, JUDGE csl BA No.3971 & 4139/08 5