IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 Bail Appl..No. 5313 of 2009 CRIME NO.256 OF 2009 OF KUTTIPURAM POLICE STATION, PETITIONERS: ACCUSED 2 & 3: ---------------------------------- 1. RAMLA SALIM, AGED 39 YEARS, W/O.SALIM, PALAKATHADATHIL HOUSE, MALA PALLIPURAM, THRISSUR DISTRICT. 2. P.K.ABBAS, AGED 45 YEARS, S/O.KUNJARE, PALAKATHADATHIL HOUSE, MALA PALLIPURAM, THRISSUR DISTRICT. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN ABRAHAM M.GEORGE RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, KUTTIPURAM POLICE STATION, KUTTIPURAM, (THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5313 OF 2009 ------------------------------------------------------ Dated this the 9th day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 3 in Crime No.256 of 2009 of Kuttipuram Police Station. 2. The offence alleged against the accused persons are under Sections 406, 420 and 506(i) of the Indian Penal Code. 3. The case of the de facto complainant is that a car was given for the use of the accused persons on an understanding that it would be returned when the husband of the de facto complainant comes to India. The car was not returned as promised and thus the accused persons committed the offence. The case of the accused persons is that there were several transactions between the husband of the de facto complainant and the first accused. The first accused is employed abroad. According to the petitioners, the husband of the B.A. NO. 5313 OF 2009 :: 2 :: de facto complainant cheated the petitioners and others and defrauded them. O.S.No.49 of 2009 was filed by the first petitioner against the husband of the de facto complainant and the de facto complainant for an injunction restraining dispossession of the car. On 24.8.2009, as per Annexure A5 order, interim injunction was granted. It is submitted that the petition before the police was filed on 27.8.2009. The case was registered on 31.8.2009. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. 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 on their executing bond for Rs.15,000/- 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; B.A. NO. 5313 OF 2009 :: 3 :: 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 ahz/