IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 Bail Appl..No. 112 of 2008(M) ----------------------------- CRIME NO.933/07 OF NORTH PARAVUR POLICE STATION : PETITIONER/ACCUSED NO.1 ---------------------------------------- M.M.HARIKUMAR, S/O V.P.MUKUNDAN, MADHAVA NIVAS, (KANAKKAMATTIL), KAITHARAM KARA, KOTTUVALLY, NORTH PARAVUR, ERNAKULAM DISTRICT. BY ADV. SRI.LIJU. M.P RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, NORTH PARAVUR, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.112 of 2008 ------------------------------------- Dated this the 11th day of January, 2008 ORDER Application for anticipatory bail. Petitioner is the 1st accused. He faces allegations under Section 420 I.P.C. The crime is registered on the basis of a private complaint filed by the defacto complainant before the learned Magistrate and referred by the Magistrate to the police under Section 156(3) Cr.P.C. The 1st accused had sold an item of property to the defacto complainant on 04.06.03. That property originally belonged to the 2nd accused. The 2nd accused had sold the property to the 1st accused by document dated 04.04.02. Prior to the sale in favour of the 1st accused, the 2nd accused had allegedly entered into an agreement with one Ananthakrishnan for sale of the property. That agreement did not work out and the said Ananthakrishnan had allegedly instituted a suit against accused 1 and 2 before the civil court. During the pendency of that suit, the sale deed dated 04.06.03 was executed suppressing details of the said suit. The suit is for return of money paid as advance, it is further submitted. It is also not disputed that the entire property covered by the sale deed is not involved in the civil proceedings B.A.No.112 of 2008 2 and only 6 out of an extent of about 36 cents is involved in the said suit. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that anticipatory bail can be granted to the petitioner. I take note of the submissions of the learned counsel for the petitioner that at worst the petitioner may be liable to pay amounts if any decreed by the court in the suit filed by the said Ananthakrishnan and there is no fraudulent suppression of any crucial facts effecting the sale of property. 3. In the result, this Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioner shall appear before the learned Magistrate at 11 a.m on 18.01.2008. He shall be enlarged on regular bail on his executing a bond for Rs.50,000/- (Rupees Fifty 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 21.01.2008 and 22.01.2008. During this period, the Investigating Officer shall be at liberty to interrogate the B.A.No.112 of 2008 3 petitioner in custody and take all necessary steps in the proper conduct of the investigation. Thereafter the petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months. Subsequently the petitioner shall make himself available for interrogation before the Investigating Officer 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 those directions were not issued at all; iv) If the petitioner were arrested prior to his surrender on 18.01.08 as directed in clause (1) above, 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 18.01.08. (R.BASANT, JUDGE) rtr/-