IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 23RD DECEMBER 2008 / 2ND POUSHA 1930 Bail Appl..No. 7560 of 2008() ----------------------------- CRIME NO.644/07 OF MALA POLICE STATION PETITIONER/ ACCUSED NO.7: --------------------------------- SUNANDAN, AGED 43 YEARS, S/O.PURUSHOTHAMAN, APPACHATH HOUSE, VADAKKUMBAGAM VILLAGE, MAREKKADU DESOM P.O., ASHTAMICHIRA. BY ADV. SRI.A.C.DEVY RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI JIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J. - - - - - - - - - - - - - - - - - BAIL APPLICATION NO.7560 OF 2008 - - - - - - - - - ----------------------- - - - - - - DATED THIS THE 23RD DAY OF DECEMBER, 2008 O R D E R In this Petition filed under Sec.438 Cr.P.C. the petitioner who is the 7th accused in Crime No.644/07 of Mala Police Station for the offences punishable under Sections 419, 420, 468 and 471 read with Section 149 of I.P.C., seeks anticipatory bail. 2. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. 3. The allegation against the petitioner is that with an intention to cheat the defacto complainant, the property belonging to the defacto complainant and 3rd accused, sold the same to accused Nos.1 and 2 by the 3rd accused and on misrepresenting by the 4th accused as the defacto complainant and the said property was registered as document No.1822/07 of Sub Registry, Annamanada, in the presence and witnessed by accused Nos.6 and 7 on 25.4.2007. 4. It is submitted by the learned counsel for the petitioner that the petitioner is innocent of the offences alleged and he has no connection with the above crime. The petitioner is a scribe and at the time of execution of sale deed No.1822/07 executed on Bail A.No.7560/08 -:2:- 25.4.2007, he was asked to be a witness in that document and attested accordingly as an attesting witness. 5. It is submitted by the learned Public Prosecutor that custody of the petitioner is not necessary for the purpose of investigation and that this petition can be allowed on stringent conditions. Accordingly, a direction is issued to the officer-in- charge of the police station concerned to release the petitioner on bail for a period of one month in the event of his arrest in connection with the above case on his executing a bond for Rs. 10,000/- (Rupees ten thousand only) with two solvent sureties each for the like amount to the satisfaction of the said officer and subject to the following conditions: 1. Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Saturdays. 2. The petitioner shall make himself available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. Bail A.No.7560/08 -:3:- 4. Petitioner shall not commit any offence while on bail. 5. Petitioner shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. M.C.HARI RANI, JUDGE. dsn