IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 Bail Appl..No. 7840 of 2008() ------------------------------------ CRIME NO.NOT KNOWN TO PETITIONER PETITIONERS : ------------------ 1. SULEKHA ASHARAF, W/O. MOHAMMED ASHARAF, PADIPPURACKAL HOUSE, SRINGAPURAM, KODUNGALLUR. 2. MOHAMMED ASHARAF, PADIPPURACKAL HOUSE, SRINGAPURAM, KODUNGALLUR. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS : ------------------- 1. STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE COMMISSIONER OF POLICE, ERNAKULAM CITY. 3. THE S.I. OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION. 4. THE S.I. OF POLICE, KODUNGALLUR. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------- B.A. No.7840 OF 2008 ---------------------------------- Dated this the 13th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 420, 406, 468, 120(B) of I.P.C. According to defacto complainant, first accused is his sister. He had executed a power of attorney in favour of first accused for the purpose of sale of his property. But, first accused executed a sale deed in her own favour using power of attorney without the consent of the defacto complainant and in conspiracy with second accused. Hence, a complaint is filed. 3. Learned counsel for petitioners submitted that defacto complainant is working abroad. He owed a sum of more than Rs.5Lakhs to first accused and when first accused wanted the money back, he executed the power of attorney and using the same, she assigned the property in her favour towards the discharge of the debt which is due from him as per the understanding between them. He had also filed a suit before the civil court. The matter is between the brother and the B.A.No.7840 of 2008 2 sister. Hence it is likely to be settled. First accused has undergone a surgery. Second accused has nothing to do with the transaction. He is implicated only because he happens to be the husband of the first accused. He is working in the Federal Bank. 4. Learned Public Prosecutor submitted that as per the further statement taken from the defacto complainant, he had admitted that he owed money to the sister and he only wanted the property back. On hearing both sides, it appears that this matter can be settled, being a dispute between the sister and brother. Since a civil suit is pending, chance of settlement can have thought of in the said suit. Considering the peculiar facts and circumstances, I think that anticipatory bail can be granted to petitioners. Hence, the following order is passed : Petitioners shall surrender before the Magistrate court concerned within seven days from today and they shall be released on bail on their executing bond for Rs.25,000/- each with two B.A.No.7840 of 2008 3 solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions : i) Petitioners shall report before the Investigating Officer as and when directed. ii) Petitioners shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac