IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 Bail Appl..No. 3329 of 2010() ----------------------------- (CRIME NO.128/2010 OF THE PEROORKADA POLICE STATION, THIRUVANANTHAPURAM.) PETITIONER/3RD ACCUSED ------------------ A.R.NOUSHAD, S/O.ABDUL RAHMAN, CHANDRAN VILAYIL VEEDU, VETTOOR, VARKALA, CHIRAYINKIL TALUK. BY ADV. SRI.J.S.AJITHKUMAR RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. UNION BANK OF INDIA, KARAMANA BRANCH, REPRESENTED BY THE CHIEF MANAGER, MARAMANA P.O., THIRUVANANTHAPURAM DISTRICT. BY PUBLIC PROSECUTOR SRI.V.TEKCHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------- Bail Application No. 3329 of 2010 ------------------------------- Dated this the 25th day of June, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 420,421,422, 423, 424, 468,471, 120A and 120B of the Indian Penal Code. 3. According to the prosecution, an extent of property worth 6 crores was mortgaged by accused 1 and 2 in favour of the bank and to defeat the bank, accused 1 and 2 sold the property in favour of the third accused and thereby, committed robbery. 4. Learned counsel for the petitioner submitted that petitioner is a bona fide purchaser of the property. On knowing that the property had been mortgaged, petitioner had made part payment to the bank. He has also undertaken to pay the balance amount. The petitioner has not committed any offence. The first and second accused who had mortgaged the property in BA.No.3329/2010 2 favour of the bank and assigned the same to the petitioner are granted anticipatory bail by this Court. 5. Learned Public Prosecutor submitted that during the pendency of this petition, the petitioner was directed to appear before the Investigating Officer, he had appeared and his statement was recorded. He has no objection in granting anticipatory bail. 6. On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioner on conditions. Hence, the following order is passed: (1) Petitioner shall surrender before the Magistrate Court concerned within 10 days from today. On such surrender, he shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate, on the following conditions:- BA.No.3329/2010 3 (i) Petitioner shall make himself available for interrogation as and when directed by the Investigating Officer. (ii) Petitioner shall not commit any offence while on bail. K.HEMA,JUDGE. nj.