IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 Bail Appl..No. 6000 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.18624/2011 CRIME No.975 OF 2011 OF THIRUVALLA POLICE STATION .................... PETITIONER/ACCUSED :- -------------------------------------- JAYAPALAN, AGED 50 YEARS, NEDUMANNIL VEEDU, PANTHRUMALAYIL, KUTTAPPUZHA, THIRUVALLA. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT(S)/COMPLAINANT :- ------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. PUBLIC PROSECUTOR MR.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt K.T.SANKARAN, J. --------------------------------- B.A. No.6000 OF 2011 --------------------------------- Dated this the 28th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is the sole accused in Crime No.975 of 2011 of the Thiruvalla Police Station, Pathanamthitta District. 2. The offences alleged against the petitioner are under Sections 406 and 420 of the Indian Penal Code. 3. The prosecution case is that the accused agreed to sell an item of immovable property to the defacto complainant and received an advance of `9.5 lakhs. An agreement for sale was also executed. However, the property was not transferred to the defacto complainant. The accused also did not return the advance amount. 4. The learned counsel for the petitioner submitted that B.A. No.6000 OF 2011 2 the dispute is clearly of a civil nature and no offence under Sections 406 and 420 would be attracted in the present case. 4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for `10,000/-(Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner 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. B.A. No.6000 OF 2011 3 The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms