IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 Bail Appl..No. 1957 of 2010(J) ---------------------------------- CRIME NO. 485/2010 0F THRIKKAKARA POLICE STATION .......................... PETITIONER/ACCUSED NO.2 & 3 : -------------------------------------- 1. JOICE.P.J, AGED 27 YEARS, S/O.JOSEPH, PUTHENVEETTIL HOUSE, KOOMANTHODE P.O., KANNUR. 2. SUNNY CHERIAN, S/O.CHERIYAN, AGED 40 YEARS, MECHERIL HOUSE, THURUTHY P.O., KURUPPUMPADY, PERUMBAVOOR. BY ADV. SRI.P.A.MUJEEB RESPONDENT/COMPLAINANT: ----------------------------------- THE SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION, ERNAKULAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 1957 of 2010 ----------------------------- Dated this the 20th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 420 read with Section 34 of the Indian Penal Code. According to prosecution, de facto complainant's brother rented out a building with furniture to first accused and on 17.02.2010, without the permission, house hold articles and furniture were taken away by the petitioners along with the first accused. 3. Learned counsel for petitioners submitted that this is a falsely foisted case. The landlord was not willing to return the advance given to him by the first accused, and a complaint was lodged by the first accused before the Commissioner of Police on 22.02.2010. Thereafter, a false complaint is lodged on 07.03.2010. First accused was granted anticipatory bail by this Court as per order dated 06.04.2010 in Bail Application No. 1895/2010. 4. Learned Public Prosecutor conceded that there is a delay of one month in lodging the complaint but articles are not yet to be recovered. B.A. No. 1957 of 2010 2 5. On hearing both sides and on going through the documents, I am satisfied that petitioner can be granted anticipatory bail on the conditions. 6. Hence the following order is passed. 1. Petitioners shall report before the investigating officer on 26.05.2010 between 10 P.M. and 1 P.M. and co-operate with investigation. 2. In case petitioners are arrested, they shall be released on bail on their executing bond for Rs. 25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer, on the following conditions: i) Petitioners shall co-operate with the investigation. ii) Petitioners shall not influence or intimidate any witness or tamper with the evidence. iii) In case, petitioners are involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln