IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 Bail Appl..No. 4236 of 2009() ------------------------------------- CRIME NO.183/2009 OF KUMBLA POLICE STATION. PETITIONER/ACCUSED: --------------------------------- BERLY JOSEPH, AGED 42 YEARS, S/O. JOSEPH, R/AT NEERCHAL, ANGADIMOGAR VILLAGE, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT/COMPLAINANT : ---------------------------------------------------- STATE OF KERALA REP. BY INSPECTOR OF POLICE, KUMBLA POLICE STATION, REP. BY THE PUBLIC PROSECUTOR , ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4236 of 2009 ------------------------------------ Dated this the 4th day of August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.183/2009 of Kumbla Police Station. 2. The offence alleged against the petitioner is under Section 420 of the Indian Penal Code. 3. The defacto complainant purchased an extent of 8.65 acres of land from the petitioner, his mother (A2) and another, as per registered assignment deeds executed in the year 2008. The case of the defacto complainant is that he was made to believe that there is a pathway leading to the property and he paid consideration at a higher rate, believing that the pathway would be available. Later, after the purchase, when he went to the property, he came to know that the access to the property is blocked at the instance of the accused persons. The allegation is that even at the time of assignment, the accused persons had no intention to provide the way. 4. It is submitted by the learned counsel for the petitioner that the second accused surrendered before the B.A. No.4236 /2009 Page numbers court and she was released on bail on the same day. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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 scm