IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 Bail Appl..No. 8025 of 2008() ----------------------------- (Crime No. not known of Chadayamangalam Police Station, Kollam) .................. PETITIONERS/ACCUSED: ---------------------------- 1. PRATHEEKSHA, PIGI SADAN, VETTUVAZHY, KURIODE, CHADAYAMANGALAM, KOLLAM DISTRICT. 2. PONNAMMA, PIGI SADAN, VETTUVAZHY, KURIODE, CHADAYAMANGALAM, KOLLAM DISTRICT. BY ADV. SRI.B.JAYASURYA RESPONDENT(S): --------------- THE STATION HOUSE OFFICER, CHADAYAMANGALAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ================== B.A.No. 8025 of 2008 ================== Dated this the 9th day of January, 2009 O R D E R The petition is for anticipatory bail. 2. The crime was registered on the allegation that petitioners cheated the defacto complainant by selling a property in his favour, which was mortgaged, suppressing the fact that there was a mortgage in favour of the bank. 3. The crime was registered as early as on 20.8.2007. Learned counsel for petitioners submitted that petitioners have not committed any offence. It is highly improbable that any person can purchase the property which is mortgaged and hence, they may be granted anticipatory bail, it is submitted. 4. Learned public prosecutor submitted that the allegations made in this case are serious in nature and the offence is clearly made out by the materials in the case diary. The charge was already laid and if the petitioners are innocent, they have remedies before the trial court as well as other court. The petitioner may be directed to apply for regular bail, it is submitted. B.A.No. 8025 of 2008 -2- 5. On hearing both sides, I find no special circumstance to grant anticipatory bail. The petitioners may seek their remedy before the trial court. The petitioners are directed to surrender before the Magistrate Court concerned within seven days from today. The petition is dismissed. K.HEMA, JUDGE rhs