IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Bail Appl..No. 5541 of 2011() ----------------------------- (CRIME NO.1229 OF 2010 OF KAYAMKULAM POLICE STATION) ----- PETITIONERS/1ST AND 2ND ACCUSED --------------------------------------------------- 1. A.K.RADHAMONY, W/O.K.R.CHANDRAMOHAN, AGED 52 YEARS, RESIDING AT T.C.1965, M.E.L.T.R.A. NO.A-32, THAMPANOOR, THIRUVANANTHAPURAM. 2. K.R.CHANDRAMOHAN, S/O.RAMAN MENON, AGED 57 YEARS, RESIDING AT T.C.1965, M.E.L.T.R.A. NO.A-32, THAMPANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.S.RAJASEKHARAN NAIR RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT. BY PUBLIC PROSECUTOR SRI.V.TEK CHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK K.T.SANKARAN, J. -------------------------------- B.A.No.5541 of 2011 -------------------------------- Dated this the 25th day of July, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.1229 of 2010 of Kayamkulam Police Station. 2. The offences alleged against the petitioners are under Sections 417, 420, 423, 426 and 503 of the Indian Penal Code. 3. When the Bail Application came up for admission on 13th July, 2011, the following order was passed: “4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. The de facto complainant filed the complaint before the Magistrate's Court. The complaint was forwarded to the police for investigation B.A.No.5541 of 2011 2 under Section 156(3) of the Code of Criminal Procedure. The crime was accordingly registered. It is alleged that the accused are the family friends of the de facto complainant and under the pretext of taking a loan for the de facto complainant, the accused got a transfer of the house and property in the name of the first accused. A loan for `` 15 lakhs was availed out of which ``5 lakhs was paid to the de facto complainant and the balance ` 10 lakhs was taken by the accused. 6. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 19th and 20th July, 2011. 7. Post on 25.7.2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.1229 of 2010 of Kayamkulam Police Station till 27.7.2011. The petitioners shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 13th July, 2011 has been complied with by the petitioners. B.A.No.5541 of 2011 3 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 13th July, 2011 has been complied with by the petitioners, 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 petitioners shall appear before the investigating officer for interrogation as and when required; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. c) The petitioners 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. B.A.No.5541 of 2011 4 The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms