IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 Bail Appl..No. 5945 of 2008() ----------------------------- (CRIME NO.149/2008 OF VELLARIKUNDU POLICE STATION) APPLICANT/ACCUSED: ---------------------------- K.P.MOIDEENKUNHI, AGED 63 YEARS, S/O.KADEESUMMA, RESIDING AT THAQWA NAGAR, KAITHAKKAD, CHERUVATHUR VILLAGE, HOSDURG TALUK. BY ADV. SRI.T.K.VIPINDAS RESPONDENT(S): COMPLAINANT: --------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, REPRESENTING VELLARIKKUNDU POLICE STATION. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 5945 of 2008 --------------------------------------------------- Dated this the 26th day of September, 2008. ORDER Petition for anticipatory bail. 2. The alleged offence is under Section 420 of IPC. According to prosecution, an agreement was executed for sale of 50 cents of property for a sum of Rs.5.5 lakhs and towards the advance sale consideration, Rs. 3 lakhs were given. Thereafter, the sale was deed was not executed, since the property was allegedly involved in a civil suit and the sale agreement was executed by suppressing this fact. 3. Learned counsel for the petitioner submitted that crime was registered on the basis of a private complaint filed by the de facto complainant. It is not correct to say that the property was involved in a civil suit. The suit was filed subsequent to the execution of the agreement by the petitioner 's brother. The property agreed to be sold is not involved in the civil suit as it would be evident from the decree. Copy of the decree is also 2 produced. It is also submitted that de facto complainant did not come forward to execute the sale deed because he thought the property is involved in the civil suit. However, an amount of Rs. 2.5 lakhs were returned to the de facto complainant before the complaint was lodged in the light of a settlement arrived at on mediation. On hearing both sides, I the following order is passed: Petitioner shall surrender before the investigation officer within 7 days from today and in the event of his arrest he shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following condition. i) Petitioner shall make himself available for interrogation. ii) Petitioner shall co-operate with the investigation. iii) Petitioner shall not commit any offence while on bail. Petition is allowed. K. HEMA, JUDGE. Krs.