IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 Bail Appl..No. 345 of 2008() ---------------------------- CRIME 228 OF 2007 OF KATTAKADA POLICE STATION PETITIONER : ACCUSED: ------------------------- 1. HABEEB MUHAMMED, NOORANIA MANZIL, PANDAKASALA, KATTAKADA P.O.,KULATHUMMEL VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM. 2. RAMLA HABEEB, S/O.HABEEB MUHAMMED, NOORANIA MANZIL, PANDAKASALA, KATTAKKADA P.O. BY ADV. SRI.SUDHEER GANESH KUMAR.R. SRI.B.PREMOD RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KATTAKKADA, POLICE STATION, REPPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR SRI.S.D.ASOKAN FOR DEFACTO COMPL. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 345 of 2008 ----------------------------------------- Dated this the 27th day of May, 2008 O R D E R Petition is for anticipatory bail. 2. According to prosecution, petitioners cheated the defacto complainant relating to a sale of a property from the defacto complainant. Various documents were forged, including the sale deed, it is alleged. 3. This petition is strongly opposed. Defacto complainant appeared through lawyer and he is also permitted to make his submissions. Learned Public Prosecutor pointed out that another crime of similar nature has been registered against the petitioners. It is also submitted that as per the police report, the petitioners are suspected to be involved in other crimes of similar nature. Learned Public Prosecutor also submitted that the petitioners are required for custodial interrogation. The investigation is only at the initial stage and grant of anticipatory bail will peril the investigation. 4. Learned counsel for petitioners submitted that all the allegations against the petitioners are not correct. They are husband and wife. An agreement was executed by defacto BA.345/08 2 complainant for sale. Loan was also obtained from the bank. Thereafter the defacto complainant was under the impression that the property will fetch more amount and hence to pressurise petitioners to pay some more amount, a false complaint is filed. Learned counsel for petitioners also submitted that the case is only of civil nature. Though there is another crime, the petitioners were interrogated in that case and bail was also granted. It is also submitted that the allegations in the complaint will not constitute any offence. 5. On the submissions made by both sides, it would appear that certain documents are forged it has to be ascertained in investigation, for which the petitioners' custodial interrogation will be required. There are various other facts also which have ot be ascertained trough petitioners and hence granting of bail will adversely affect the investigation. The petition is dismissed. K.HEMA, JUDGE vgs.