IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Bail Appl..No. 2169 of 2008() ----------------------------- CRIME NO. 222/07 OF MARANALLOOR POLICE STATION PETITIONER/ACCUSED ----------------------------------- 1. PREMKUMAR S/O.DARMADAS, AGED 29, KAMALA BHAVAN, NEERAMANKUZHI, OORUTTAMBALAM (P.O) THIRUVANANTHAPURAM DISTRICT. 2. BHASKARAN S/O.SUBBAYYAN, AGED 75, KARANAMKODE KATTIL VEEDU, MARANALLOOR, OORUTTAMBALAM (P.O), NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.S.SAJU SRI.BOBBY LAL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, MARANALLUR POLICE STATION, THIRUVANANTHAPURAM-THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2169 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of April, 2008 O R D E R Application for anticipatory bail. The petitioners face allegations in a crime registered alleging offences punishable, inter alia, under Section 468 I.P.C. The defacto complainant and her husband had allegedly agreed to sell 34 cents of property belonging to them. 10 cents belonged to the defacto complainant and the remaining 24 cents belonged to her husband. The title deeds were handed over to the proposed buyer and an amount of Rs. 6 lakhs was taken as advance. That sale did not go through. The title deed was not executed. It is the case of the defacto complainant that the title deed in respect of those 10 cents of property belonging to her, which was handed over to the said proposed purchaser, was clandestinely obtained by the first accused, who get a document executed in his favour. For execution of that document, the third accused is alleged to have B.A.No. 2169 of 2008 2 impersonated the defacto complainant. The role assigned to the petitioners is that they had attested the signatures of the third accused describing the third accused to be the defacto complainant. Investigation is in progress. The petitioners apprehend imminent arrest. They have already been questioned by the police. The third accused has been granted anticipatory bail by order dt. 28.1.2008 in B.A. 162 of 2008. 2. The learned counsel for the petitioners pray, the learned Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can be granted anticipatory bail, subject to appropriate conditions, which shall facilitate a proper, efficient and expeditious investigation. 3. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 16.4.2008 at 11 a.m. The learned Magistrate shall release the B.A.No. 2169 of 2008 3 petitioners on regular bail on condition that they execute bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m.on 17.4.2008 and 18.4.2008. During this period, the investigators shall be at liberty to interrogate the petitioners in custody and take all necessary steps in connection with the investigation. Thereafter they shall appear before the Investigating Officer on all Mondays between 10 a.m. and 12 noon for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so. (c) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 16.4.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (d) If the petitioners were arrested prior to their surrender on 16.4.2008 as directed in clause (1) above, they shall be released on B.A.No. 2169 of 2008 4 bail on their executing bonds for Rs.50,000/- without any surety undertaking to appear before the learned Magistrate on 16.4.2008. (R. BASANT) Judge tm