IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 Bail Appl..No. 32 of 2010() ------------------------------------ CRIME NO.557/2009 OF POOJAPPURA POLICE STATION, THIRUVANANTHAPURAM. ................. PETITIONER/ACCUSED --------------------------------- GOPAKUMAR, AGED 42 YEARS, S/O. VASUDEVAN NAIR, ROHINI VEEDU, KUSHAKKODE, THIRUMALA, THIRUVANANTHAPURAM. BY ADV. MR.B.HARISH KUMAR RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB-INSPECTOR OF POLICE, POOJAPPURA POLICE STATION, POOJAPPURA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR.AMJAD ALI. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 32 of 2010 ------------------------------------ Dated this the 12th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 557/2009 of Poojappura Police Station. 2. The offence alleged against the petitioner is under Section 420 of the Indian Penal Code. 3. The prosecution case is that the petitioner agreed to sell an item of immovable property to the de facto complainant. On enquiry, it was revealed that the property was already mortgaged to a bank. The petitioner did not disclose to the de facto complainant the fact that the property was mortgaged to the Bank. It is also alleged that the petitioner had entered into another agreement for sale with a third party in respect of the property. 4. The petitioner was arrested on 29.12.2009 and he was remanded to judicial custody. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of B.A. No. 32 of 2010 2 investigation, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties each for the like amount to the satisfaction of the Additional Chief Judicial Magistrate, Thiruvananthapuram subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders. B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE ln