IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 Bail Appl..No. 6196 of 2011() ----------------------------- CRIME NO.NOT KNOWN-SANTANPARA POLICE STATION, IDUKKI DT. PETITIONERS/ACCUSED: -------------------- 1. PRIYA RAMESH,W/O.R.RAMESH,AGED 42 YEARS MIDHUNAM, NELLIMALA ROAD,MUVATTUPUZHA ERNAKULAM DISTRICT. 2. HONEY SUBHASH, W/O.SUBHASH, AGED 41 YEARS, POTTAKANAL,CHETHIMATTOM, PALAI,KOTTAYAM DISTRICT. 3. BINDHU UNNITHAN, W/O.JAYACHANDRAN UNNITHAN, KANOYARETHU,MANAKALA,ADOOR, PATHANAMTHITTA DIST. 4. VIJAYALAKSHMI,W/O.MURALI MOHAN AGED 43 YEARS, ADOOR ,PATHANAMTHITTA DIST. 5. AJITH KUMAR, S/O GOVINDA PILLAI, ASWATHY, VADAKKEKARA ANAPRAMBA, THALAVADY, KUTTANAD TALUK. 6. RAMESH R, S/O.RAMAKRISHNAN NAIR AGED 46 YEARS, MIDHUNAM, NELLIMALA ROAD, MOOVATTUPUZHA, ERNAKULAM DISTRICT. 7. JAYACHANDRAN UNNITHAN, S/O.KRISHNA PILLAI,AGED 47 YEARS, KANOYARETHU,MANAKALA, ADOOR,PATHANAMTHITTA DIST. 8. R.MURALI MOHAN, S/O.RAGHAVAKURUPPU AGED 47 YEARS, MURALI BHAVAN, PAYYANLOOR, ADOOR, PALLICKAL VILLAGE,PATHANAMTHITT DISTRICT. 9. SUBHASH P.T, S/O.THANKAPPAN, POTTAKKANAYIL, PALA. BY ADV. SRI.M.P.KRISHNAN NAIR SRI.V.B.NARAYANAN SRI.ANIYANKUNJU VARGHESE Bail Appl..No. 6196 of 2011() RESPONDENT(S): --------------- 1. STATE OF KERALA, REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUPERINTENDENT OF POLICE, IDUKKI 685 603 . 3. DEPUTY SUPERINTENDENT OF POLICE MUNNAR 685 652. 4. C.I.OF POLICE, MUNNAR IDUKKI DISTRICT 685 652. 5. S.I.OF POLICE, SANTHANPARA, IDUKKI DISTRICT 685 619. 6. B.SHAM, S/O.BALAN PILLAI, LAVANYA,M.G.ROAD, THAMARAKULAM,KOLLAM EAST TALUK 691 001. 7. B.SHEELA, W/O N.MADHU,SOUPARNIKA HOUSE NO.15,PUNNATHALA NAGAR, ANCHUKALLUMMOODU,KOLLAM WEST VILLAGE 691 001. 8. DR.B.SHEEJA, W/O.DR.RAVICHANDRAN SOUPARNIKA HOUSE NO.15,PUNNATHALA NAGAR, ANCHUKALLUMMOODU,KOLLAM WEST VILLAGE 691 001. 9. MOHANKUMAR, S/O.PRATHAPA VARMA ARANYA, ELAMKULAM VILLAGE KOCHI-20. 10. VIJAYAKUMAR, S/O.VASUDEVA PILLAI TACHERUPARAMBIL HOUSE,PLAPPUZHA MURI HARIPAD, ALAPPUZHA DISTRICT 690 574. ADV. SRI.V.V.RAJA FOR R6 & 8 SRI.M.T.SURESHKUMAR FOR R6 & 8 BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2011, ALONG WITH BA NO. 6384 OF 2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------ B.A.Nos.6384 & 6196 OF 2011 ------------------------------------------- Dated this the 8th day of December, 2011 ORDER These Bail Applications arise out of Crime No.266 of 2011 of Santanpara Police Station and therefore the applications are disposed of by this common order. The petitioner in B.A.No.6384 of 2011 is accused No.1. The petitioners in B.A.No.6196 of 2011 are respectively accused Nos.4, 5, 8, 7, 11, 9, 3, 2 and 10 . 2.The offences alleged against the accused are under Sections 420, 468, 471 and 120B read with 34 of the Indian Penal Code. 3. The prosecution case is that in furtherance of their common intention to cheat the defacto complainant and his sisters, the accused made a promise to provide apartments in the flats to be built up at Chinnakanal, Munnar, and made them to part with huge amounts. The allegation is that the flats were not provided and the amount was not returned. B.A.Nos. 6384 & 6196 OF 2011 2 4. The defacto complainant and the aggrieved persons are on record in B.A.No.6196 of 2011. The learned counsel appearing for the defacto complainant as well as the counsel appearing for the accused submitted that all the disputes between the parties have been settled and an agreement dated 9.8.2011 was executed among them. 5 Taking into account the facts and circumstances of the case, and in view of the subsequent developments, 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 on their executing bond for `10,000/- (Rupees Ten thousand only) each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner No.5 in B.A.No.6196 of 2011 (Ajith Kumar, son of Govinda Pillai) and the petitioner in B.A.No.6384 of 2011, (Ajith Kumar -first accused) shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Sundays, till the final report is filed or until further orders; B) The petitioners shall appear before B.A.Nos. 6384 & 6196 OF 2011 3 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) The petitioners shall cooperate with the investigating officer in the matter of investigation. 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. cms