IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Bail Appl..No. 6248 of 2008() ----------------------------- CRIME NO.75/2007 OF CHADAYAMANGALAM POLICE STATION CC.889/2007 of J.M.F.C.-II,KOTTARAKKARA .................... PETITIONER : ACCUSED ------------------------------------------ SHYAMALA, W/O.MOHANAN, R/AT.SREE BHAVAN ELAMADU VILLAGE, ELAMADU MURI, KOLLAM. BY ADV. SRI.K.BABU (VETTAKALAYIL) SRI.JOHNSON GOMEZ RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM THROUGH THE SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6248 of 2008 --------------------------------------------- Dated this the 6th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 420 IPC. According to prosecution, defacto complainant had an extent of property which was sold by her on 25.7.2006. After, four months, on 30.11.2006, she executed an agreement for sale in respect of same property in favour of defacto complainant and obtained Rs.45,000/- as advance from him. It came to the notice of defacto complainant that the property was earlier sold. The money was not paid back and sale deed was not executed. Hence, he filed the complaint. 3. Learned counsel for petitioner submitted that the allegations are false. The property is having an extent of 17 cents and it is highly unlikely that it will be sold for an amount of Rs.50,000/-. It is also submitted that petitioner was not aware of the pendency of this case. Charge sheet was submitted against the petitioner on 30.7.2007 showing petitioner as absconding and hence, warrant has been issued. Petitioner is absolutely innocent of the allegations made, it is submitted. BA No.6248/2008 2 4. This petition is opposed. Learned public prosecutor submitted that it is a clear case of cheating whereby Rs.45,000/- was procured by petitioner as advance from the defacto complainant by executing an agreement for sale in respect of a property which she had already sold. The petitioner was not available for arrest and hence, she was shown as an absconding accused. It is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, on consideration of the nature of allegations made, I do not think it fit to grant anticipatory bail. Petitioner has also not co-operated with the investigation and she was shown as an absconding accused. Warrant has also been issued by the court. Petitioner shall surrender before the Magistrate court concerned without any delay and make herself available for trial. Whether she surrenders or not, police will be at liberty to execute the warrant. With this direction, this petition is dismissed. K.HEMA, JUDGE csl