IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 Bail Appl..No. 5546 of 2008() ------------------------------------ CRIME NO.255 OF 2008 OF EDAKKAD POLICE STATION .................... PETITIONERS/ACCUSED NOS.2 & 3 : -------------------------------------------- 1. PAYYERI BEEBI @ SAREENA BEEBI, W/O. ALI, AGED 56, RESIDING AT NISHANA MANZIL, MUZHAPPILANGAD AMSOM DESOM, NEAR KULAM BAZAR, THALASSERY. 2. NISHANA, D/O. BEEVI, RESIDING AT NISHANA MANZIL, MUZHAPPILANGAD AMSOM, DESOM, NEAR KULAM BAZAR, THALASSERRY. BY ADV. SRI.P.M.HABEEB RESPONDENT : ----------------- STATE OF KERALA, REP.BY CIRCLE INSPECTOR OF POLICE, EDAKKAD POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5546 OF 2008 ------------------------------ Dated this the 19th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 417, 420, 120B and 376 read with Section 34 of I.P.C. According to the prosecution, the defacto complainant was allegedly cheated by the 1st accused on the promise that he would marry her and she was raped. An agreement was executed between them for the sale of property and without paying the entire amount she was fraudulently made to execute the sale deed in favour of the 2nd accused. She was taken to the registrar office stating that the sale deed was being executed in favour of the 1st accused. A complaint was filed by her before the Superintendent of Police and a crime was registered on 29.07.2008. The F.I.R. was registered on 07.08.2008. 3. Learned counsel for the petitioners submitted that the defacto complainant is a lady, aged 44 years. She entered into an agreement for sale and the sale deed was executed in favour of the 2nd accused for a sale consideration of Rs.1,50,000/- for an extent of 5 cents of property. Thereafter, the defacto complainant started B.A.5546 of 2008 2 demanding to reconvey the property in favour of the defacto complainant. Since, 2nd accused was not prepared to do this, she came to the house of the 2nd accused along with another person and assaulted her on 05.07.2008 at about 10 p.m. She was hospitalized and a complaint was given in respect of the said incident to the Superintendent of Police but no crime was registered. The wound certificate is Annexure A2 and the copy of the complaint is Annexure A3. Much thereafter, the present complaint is lodged on 29.07.2008, only as a counter blast to the complaint made by petitioners, by making false allegation of rape, promise to marry etc., against the 2nd accused's son, who is also aged 44 years, it is submitted. 4. Learned Public Prosecutor submitted that as per the allegations in the complaint the accused induced the defacto complainant and deceived her to execute a deed in favour of the 2nd accused, even though she had agreed to sell the property only in favour of the 1st accused, who had allegedly promise to marry her. The 1st accused is arrested and he is in custody, it is submitted. On hearing both sides and on perusing the documents, I find that the petitioners can be granted anticipatory bail. The petitioners are mother and sister of the 1st accused. They are implicated only B.A.5546 of 2008 3 regarding alleged fraudulent execution of sale deed. But, the sale deed, (copy is Annexure A1) shows the photo graphs of the assignor and assignee were available on it. Hence, the following order is passed: 1. The petitioners shall surrender before the Investigating Officer within 7 days from today and make themselves available for interrogation. 2. Thereafter, they shall be released on bail, in the event of their arrest, if any, on their executing bond for 25,000/- each with two solvent sureties each for like sum to the satisfaction of the Arresting Officer on following conditions : (i) They shall report before the Investigating Officer as and when directed for interrogation. (ii) They shall co-operate with the investigation. The petition is allowed. K.HEMA, JUDGE pac