BEFORE THE LOK ADALAT ORGANISED BY THE HIGH COURT LEGAL SERVICES COMMITTEE AT ERNAKULAM PRESENT : MR. M.R.RAJENDRAN NAIR(SENIOR ADVOCATE HIGH COURT OF KERALA) & MR K.N.SATHEESAN(RETD.DISTRICT JUDGE) TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 Bail Appl..No. 470 of 2009() ---------------------------- (CRIME NO.499/08 OF CHANGANACHERRY POLICE STATION) ................................ PETITIONER/ACCUSED ---------------------------------- C.K.SASIDHARAN,S/O.KAMALAHASANNAN, AGED 55 YRS,CHIRAYIL HOUSE, PANDAKASSALA KADAVU, VAZHAPPALLY.P.O,CHANGANACHERRY. BY ADV. SRI.S.ARUN RAJ RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. SUB INSPECTOR OF POLICE, CHANGANACHERRY POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY P.PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. SRI.M.R. RAJENDRAN NAIR (SENIOR ADVOCATE, HIGH COURT OF KERALA) & SRI. K.N. SATHEESAN (RETIRED DISTRICT JUDGE) ================================ BAIL APPL. NO.470 OF 2009 ================== Dated this the 8th day of December, 2009 O R D E R This is a bail application refered to Lok Adalat. The defacto complainant, Mr.T. Rajendran has filed a complaint against the petitioner Mr. C.K. Sasidharan before the Judicial First Class Magistrate Court, Changanacherry, alleging commission of offence under section 420 of the Indian Penal Code. The matter was referred under section 156(3) Cr.P.C to Changanacherry police station and registered crime No. 499/2008. 2. The dispute is relating to auction sale of four cents of property owned by defacto complainant which was part of the property purchased from the petitioner Mr. C.K. Sasidharan as per sale deed No. 2326/92 and 2327/92 of Changanacherry Sub Registry. However, at the time of transaction, the petitionenr Mr. C.K. Sasidharan represented the original title deed pertaining o the property purchased as per sale deed No.2327/92 was missing. However, it transpires that Mr. C.K. Sasidharan had mortgaged BAIL APPL. NO.470/2009 2 the property by depositing the original title deed with Gosree Chitts Funds. 3. The original title deed No.941/87 was deposited with M/s. Gosree Chitts Funds Pvt.Ltd., Ernakulam as security for chitty bid amount. M/s/ Gosree Chitts Funds Pvt. Ltd. filed Original Suit No.217/01 and 218/01 and obtained decrees on 19.11.2001 against Mr. C.K. Sasidharan. In execution of those decrees, four cents of property from out of the property covered by title deed No.941/87 was sold in auction and one Mr. Ramesan, S/o. Prabhakaran, Kumaramkulam House, Kurichi Village, Changanacherry Taluk auctioned this property for a sum of Rs.1,25,000/-. This amount was deposited in the executing court and M/s. Gosree Chitts and Funds Pvt. Ltd., withdrew that amount in full and final satisfaction of the decree. Subsequently Mr. Rajendran, who has purchased the property from Mr. Sasidharan as per the sale deed No.2327/92 instituted the original suit No.305/08 before the Munsiffs Court, Changanacherry to set aside the decree in original suit No.218/01 and for other reliefs. It is at this stage that the accused in Crime No.499/08 of Changanacherry police station has moved the High Court for BAIL APPL. NO.470/2009 3 anticipatory bail. It is agreed by all parties before us that the auction purchaser, Mr. Ramesh, S/o C.S. Prabhakaran has been paid the bid amount of Rs. 1,25,000/- by Mr. C.K. Sasidharan as per a document dated 14.1.2009. according to the parties, there is out of court settlement to the effect that the auction purchaser will not enforce the sale and therefore the owner of the property, Mr. Rajendran can continue to be the owner of the property as per sale deed No.2326/92 and 2327/92 without any encumbrance. 4. Today the representative, K.K. Govindan Nair, Litigation Assistant, M/s. Gosree Chitts and Funds Pvt. Ltd., who is present before us handed over the original title deed No.941/87 along with other original papers relating to the mortgaging by deposit of title deed which are handed over to Mr. Rajendran so that his title will be clear and free from encumbrances. 5. Mr. Rajendran, agrees to withdraw the private complaint which is subject matter of crime No.499/08, Changanacherry police station. Mr. Rajendran also agrees withdraw all other proceedings if any against Mr. C.K. Sasidharan. BAIL APPL. NO.470/2009 4 6. Today Mr. C.K. Sasidharan has paid a sum of Rs. 22,000/- to Mr. Rajendran by way of compensation for all his expenses in connection with Civil suits, criminal complaint and other proceedings. It is agreed by the parties that attachment if any in relation to properties covered by sale deed No.941/87 will stand released. Accordingly the parties have compromised and settled all their disputes in terms of what is stated above and this order is signed by the parties who are present before us. Copy of the order will be given to all parties. M.R. RAJENDRAN NAIR (SR.ADV., HIGH COURT OF KERALA) SRI. K.N. SATHEESAN (RETIRED DISTRICT JUDGE) sou.