IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 Bail Appl..No. 2230 of 2010() ----------------------------- (CRIME NO.307/2010 OF VARKALA POLICE STATION, THIRUVANANTHAPURAM) PETITIONER/ACCUSED -------------------------------------- BALKRISHNA BHAT, S/O. DAMODARA BHAT, C.C. 8/142, R.G. PAI ROAD, SOUTH CHERLAI, KOCHI. BY ADV. SRI.JOSEPH EDAKKATT SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK SRI.M.S.UNNIKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATION HOUSE OFFICER, VARKALA POLICE STATION, THIRUVANANTHAPURAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ SRI.THOMAS M.JACOB FOR ADDL.R THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.2230 OF 2010 -------------------------------- Dated this the 14th day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 420, 325, 352 and 405 of IPC. According to prosecution, petitioner made false representation to de facto complainant who is an Italian born American citizen that property will be purchased and she will be allowed to reside in the building to be constructed, on lease etc. and she was made to part with a huge amount of rupees, about one crore in total, on different dates to petitioner. Property was purchased in the name of petitioner and buildings were constructed and a lease agreement was also executed. But, thereafter, petitioner is trying to evict de facto complainant and send her out of the property. De facto complainant was cheated by petitioner and he also misappropriated money and ill-treated her by physically manhandling her. They were living as husband and wife. 3. Learned counsel for petitioner submitted that the allegations are false. Petitioner had only allowed de facto complainant to reside in a building constructed in his property and a lease agreement was executed for a period of 99 years at B.A No.2230 OF 2010 2 the rate of Re.1/- per month as rent. But, de facto complainant started creating problems to petitioner by consuming liquor along with his workers in the restaurant and when he objected to this, she started behaving badly to petitioner. Thereafter, de facto complainant gave a false complaint to the police. 4. This petition is opposed by the learned Public Prosecutor and learned counsel for the de facto complainant. It is submitted by learned counsel for de facto complainant that the parties were living as husband and wife and an order was obtained by de facto complainant from the Magistrate Court injuncting petitioner from alienating the schedule property and interfering with the peaceful residence of de facto complainant and also from committing any act of domestic violence. He had physically assaulted de facto complainant and disconnected the electricity connection to the building in which de facto complainant was residing and she had to run in darkness and she hit against the window glass and she was injured. It is also understood that petitioner is in the habit of taking money from other foreign nationals also by making false representations and cheat them. B.A No.2230 OF 2010 3 5. Learned Public Prosecutor also submitted that the Case Diary reveals serious allegations against the petitioner. 6. On hearing both sides, considering the serious nature of the allegations made, I am satisfied that this is not a fit case to grant anticipatory bail. Petition is dismissed. K.HEMA JUDGE vdv