IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 Bail Appl..No. 6131 of 2011() ----------------------------- (CRIME NO.1049 OF 2011 OF CHATHANNOOR POLICE STATION, KOLLAM DT) ACCUSED 1 & 2: ---------------------------------- 1. NAZAR, S/O.IBRAHIM KUTTY, ALHANA MANZIL, KUNDUMON CHERRY, ADICHANALLOOR VILLAGE, KOLLAM. 2. SREELAL, S/O.MOHANAN PILLAI, CHIRAYATH VEEDU, KUNDUMON CHERRY, ADICHANALLOOR VILLAGE, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHATHANNOOR POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.6131 OF 2011 --------------------------------- Dated this the 1st day of August, 2011 ORDER 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.1049 of 2011 of the Chathannoor Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 420, 465, 468 and 471 read with 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons fabricated an agreement for sale to make it appear that the defacto complainant agreed to sell his property to the 1st accused. The said agreement which is allegedly to be a forged one is dated 12.4.2010. B.A. No.6131 OF 2011 2 4. The case of the accused is that the defacto complainant entered into an agreement for sale with the 1st accused on 12.4.2010. On 16.6.2011, a lawyer's notice was issued on behalf of the 1st petitioner/1st accused to the defacto complainant demanding to comply with the directions of the agreement. It would appear that the defacto complainant filed a petition before the Commissioner of Police on 16.7.2011, which was forwarded to the Sub Inspector of Police, Chathannoor Police Station and the crime was registered on 18.7.2011. The learned counsel for the petitioners also submitted that the 1st petitioner filed O.S.No.270 of 2011 before the Sub Court, Kollam against the defacto complainant for specific performance of the agreement for sale dated 12.4.2010. In the circumstances mentioned above, it is clear that the question of genuineness or otherwise of the agreement is a matter for consideration before the Civil Court. 5. In these circumstances, I am of the view that the petitioners are entitled to anticipatory bail. 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 B.A. No.6131 OF 2011 3 on their executing bond for `10,000/-(Rupees Ten thousand only) 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. cms