IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 Bail Appl..No. 4460 of 2009() ------------------------------------- CRIME NO. 85/2007 OF PALLITHOTTAM POLICE STATION ....................... PETITIONER/ACCUSED: -------------------------------- B. RADHAMANY, AGED 58 YEARS, GEETHANJALI, T.C. NO. 63/1595, POONTHURA P.O., AMBALATHARA, THIRUVANANTHAPURAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT: --------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE , PALLITHOTTAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4460 of 2009 ------------------------------------ Dated this the 8th day of December, 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 accused No.6 in Crime No.85/2007 of Pallithottam Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 406, 408, 420, 447, 443 and 468 read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is the following: The first accused availed a loan of Rs.2,30,000/- from Urban Co-operative Bank, Kollam for purchasing an item of immovable property. She purchased a property from accused Nos.2 and 3 as per the document dated 18.05.1999. Another document was executed between accused Nos.2 and 3 on the one hand as sellers and accused Nos.1 as purchaser in respect of the very same property on 20.01.2005. This document was executed to enable the first accused to transfer the property to B.A. No. 4460 of 2009 2 strangers, since the first accused could not transfer the property without this document as she had already mortgaged the property in favour of the bank while availing the loan. Thereafter, on 21.02.2006 the first accused sold the property to the fourth accused. The allegation against accused No.6 is that she registered, in her capacity as Sub Registrar, the document in 2005(document No.542/2006). The allegation against accused No.7 is that he registered the document No.542 of 2006, in his capacity as Sub Registrar. 4. Heard the learned counsel for the petitioner and the learned public Prosecutor. 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 her on bail on her executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. No. 4460 of 2009 3 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 ln