IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 Bail Appl..No. 6253 of 2008() ----------------------------- CRIME NO.142/2007 OF NATTUKAL POLICE STATION PETITIONER/ACCUSED -------------------------------------- K.G.BABU S/O.GOPALAN NAIR (LATE) AGED 42 YEARS POURNAMI, ARIYOOR MANNARKAD BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA-REPRESENTED BY SUB INSPECTOR OF POLICE, NATTUKAL POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.6253 of 2008 ------------------------------------------------- Dated this the 16th day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 120(B), 464, 465 and 471 IPC. According to prosecution, A1 to A5 conspired and pursuance to the conspiracy, caused a sale deed to be executed in the name of the petitioner (A1), by which a property which is in the name of the defacto complainant was sold in his name. For this purpose, the second accused, who has a similar name, committed personation as the defacto complainant. The accused also committed forgery and used the forged documents as genuine. The defacto complainant was working abroad and he came to know about the offence only when he came to India. 3. Learned counsel for the petitioner submitted that the petitioner is innocent of the allegations made. Petitioner wanted to purchase the property and third and fourth accused approached him stating that the second accused is intending to sell his property and he was taken to second accused. The second accused showed a paper report by which it was advertised that the original of the document was lost and he also BA No.6253/08 2 showed a photocopy of the sale deed. The paper report is produced along with this petition. Believing representation of the second accused, whose name is also Koshi (the name of defacto complainant is also Koshi, with different initial) and other the petitioner purchased the property from him. 4. On 7.3.2008, petitioner lodged a complaint before the police, since the defacto complainant raised objection in petitioner entering the property. Thereafter, the defacto complainant also filed a complaint on 26.3.2008 against the petitioner alleging trespass etc. In the police station, both parties were called and the sale deeds were examined and the police advised that the matter has to be settled by filing a civil suit. Thereafter, a civil suit was also filed and it is pending. The petitioner is an innocent purchaser and hence, he may be granted anticipatory bail, it is submitted. 5. Learned public prosecutor submitted that the petitioner along with other accused hatched a conspiracy and committed various offences in furtherance of common intention, while the defacto complainant was abroad and by committing personation, his property was caused to sold in favour of the petitioner. The petitioner is required for interrogation. BA No.6253/08 3 On hearing both sides, I find that the following order is passed to protect the interest of both sides, especially since civil suit is pending: (1) Petitioner shall surrender before the Investigating Officer within seven days from today and make himself available for interrogation and co-operate with the investigation. (2) Thereafter, in the event of his arrest, he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: (i) Petitioner shall report before the Investigating Officer as and when directed. (ii) Petitioner shall co-operate with the investigation. (iii) Petitioner shall not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE csl