IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 Bail Appl..No. 1664 of 2010() ---------------------------------- CRIME NO. 128/10 OF PEROORKADA POLICE STATION ..................... PETITIONERS/ACCUSED : ------------------------------ 1. S. AJITH, S/O. SOMAN, 2. SUJA, W/O. SOMAN, (BOTH ARE RESIDING AT T.C 1/12(1) KILITHATTIL, ULLOOR JUNCTION, MEDICAL COLLEGE.P.O, THIRUVANANTHAPURAM-695 011. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.NIMOD A.R. SRI.C.A.ANOOP RESPONDENT/STATE AND COMPLAINANT: ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PEROORKADA POLICE STATION, THIRUVANANTHAPURAM. 3. THE UNION BANK OF INDIA, REPRESENTED BY ITS CHIEF MANAGER, KARAMANA BRANCH, THIRUVANANTHAPURAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------ B.A. No. 1664 of 2010 ------------------------------------ Dated this the 17th day of May, 2010 O R D E R This petition for anticipatory bail. 2. The alleged offences are under Sections 420, 421, 422, 423, 424, 468, 471, 120 A and 120 B of the Indian Penal Code. 3. According to the prosecution, an extent of property worth 6 crores was mortgaged by the petitioners in favour of the bank and to defeat the bank, petitioners sold the property in favour of a third person and thereby, committed the various offences. 4. The learned counsel for petitioners submitted that petitioners assigned the property only with the permission of the bank and also after depositing an amount of Rs. 50 lakhs in the bank. It is also submitted that the bank had filed a suit in which the third person filed a written statement contending that the sale was subject to the mortgage. The assignee is prepared to pay the amount and the sale is subject to the mortgage. Hence the petitioners have not committed any offence as alleged, it is submitted. B.A. No. 1664 of 2010 2 5. On hearing both sides and on going through the documents, I am satisfied that petitioner can be granted anticipatory bail on the conditions. 6. Hence the following order is passed. The petitioners shall surrender before the Magistrate Court concerned within two weeks from today and they shall be released on bail on their executing bond for Rs. 25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court on the following condition: The petitioners shall surrender before the investigating officer within three weeks from today and co-operate with the investigation. This petition is allowed. K. HEMA, JUDGE ln