IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Bail Appl..No. 2031 of 2010() ----------------------------- CRIME NO.197/2010 OF KILIKOLLOOR POLICE STATION, KOLLAM .................... PETITIONERS/ACCUSED -------------------------------------- 1. JINAS, AGED 34, S/O. RASHEED, ADNA MANZIL, CHATHINAMKULAM, CHANDANATHOPPU, KOLLAM. 2. JASMINE, AGED 37, W/O. MUHAMMED BASHEER, -DO- -DO- BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.197/10 OF KILIKOLLOOR POLICE STATION, KOLLAM DISTRICT.) PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.2031 of 2010 --------------------------------------------- Dated this the 8th day of April, 2010 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.197 of 2010 of Kilikolloor Police Station, Kollam District. 2. The offence alleged against the petitioners is under Section 420 read with Section 34 of the Indian Penal Code. 3. The de facto complainant sold an item of property to the petitioners for a sum of Rs.7,90,000/-. It is alleged that only a sum of Rs.5,50,000/- was paid. The balance was agreed to be paid on certain conditions. The allegation is that in spite of satisfying those conditions, the amount was not paid by the petitioners. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. It is submitted that essentially the dispute is of a civil nature. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of BA No.2031/2010 2 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 Rs.15,000/- 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. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE csl