IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 Bail Appl..No. 2005 of 2008() ----------------------------- CRIME NO.172/2008 OF THIRUVALLA POLICE STATION PETITIONER/ACCUSED ------------------------ 1. THANKAMANIAMMA, W/O.PARAMESWARAN PUTTANPURAYIL, TALAYAR, THIRUVALLA NOW RESIDING AT ALINGAL, NARANGANAM KOZHANCHERY. BY ADV. SRI.C.S.MANU RESPONDENT/STATE & COMPLAINANT: ------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. THE SUB INSPECTOR OF POLICE THIRUVALLA. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2005 of 2008 ---------------------------------------- Dated this the 2nd day of April 2008 O R D E R Application for anticipatory bail. The petitioner, a woman faces allegations under Section 420 I.P.C. Crime has been registered on the basis of a private complaint filed by the de facto complainant before the learned Magistrate and referred to the police under Section 156(3) Cr.P.C. Investigation is in progress. The petitioner apprehend imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Even if the entire allegations are accepted, it can be seen that there is only an allegation of breach of promise of an agreement for sale of property as per which agreement, advance has been received by the petitioner from the de facto complainant. In any view of the matter, the petitioner does not deserve to endure the trauma of arrest and incarceration. Instead of going to the civil court to enforce his claim, if any, the de facto complainant has unnecessarily embarked on a course of vexation and harassment to the petitioner by initiating the criminal adjudicatory process. 3. The learned Public Prosecutor does not oppose the application and I am satisfied that anticipatory bail can be granted to the petitioner. B.A.No.2005/08 2 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 09/04/2008. He shall be released on regular bail on condition that he executes a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 1 p.m on 10/04/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioner shall so appear as and when directed by the investigating officer in writing to do so. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 09/04/2008, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 09/04/2008. (R.BASANT, JUDGE) jsr B.A.No.2005/08 3 B.A.No.2005/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007