IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Bail Appl..No. 3014 of 2009(B) ---------------------------------------- CRIME NO.113/2009 OF VELLARADA POLICE STATION PETITIONERS/ACCUSED 1 & 2:: --------------------------------------------- 1. K.G.GATHSEMANA, W/O.SELVARAJ, AGED 32 YEARS, MANIVILASOM BUNGALOW, MANATHOTTAM, VELLARADA DESOM, VELLARADA VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. 2. SELVARAJ, S/O.JOHN ROSE, MANIVILASOM BUNGALOW, MANATHOTTAM, VELLARADA DESOM, VELLARADA VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.RAM MOHAN.G. SRI.G.P.SHINOD RESPONDENTS/COMPLAINANT STATE AND INVESTIGATING OFFICER: ------------------------------------------------------------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA AT ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, VELLARADA POLICE STATION, VELLARADA, THIRUVANANTHAPURAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3014 of 2009 ------------------------------------ Dated this the 9th day of June, 2009 O R D E R This is an application for anticipatory bail under section 438 of the code of criminal procedure. The petitioners are accused Nos.1 and 2 in Crime No.113/2009 of Vellarada Police Station. 2. The offence alleged against the petitioners is under Section 420 of the Indian Penal Code. 3. The dispute relates to an extent of 25 cents of land. The property originally belonged to one Sanalkumar. One Gopalakrishnan filed a suit against Sanalkumar for realisation of money. In execution of the decree, the aforesaid property belonging to Sanalkumar was sold in court auction. In the court auction, the property was purchased by the decree holder Gopalakrishnan. He sold the property to the first petitioner. The first petitioner sold the property to the defacto complainant. The defacto complainant filed a complaint before the Magistrate's Court, which was forwarded to the police under B.A. No. 3014/ 2009 2 Section 156(3) of the Code of Criminal Procedure and it was registered as Crime No.113/2009 referred to above. The allegation is that the petitioners did not disclose to the defacto complainant the existing encumbrance on the property in favour of the Syndicate Bank. It is stated that the Syndicate Bank had taken proceedings under the Securitisation and reconstruction of Financial Assets and Enforcement of Security Interest Act. The learned counsel for the petitioner submitted that Sanalkumar has settled his liability to the Syndicate Bank. The petitioners allege that on a petition filed by the defacto complainant before the police, an agreement was executed under coercion and the petitioners were made to agree for retransfer the property for a consideration mentioned in the agreement and Rs.50,000/- was paid to the defacto complainant. The second petitioner has filed O.S. No.1018/2008 before the Munsiff Court, Neyyattinkara against the defacto complainant and others for injunction in respect of the aforesaid property. The first petitioner has filed O.S. No.1103/2008 before the Munsiff Court, Neyyattinkara against the defacto complainant for realisation of B.A. No. 3014/ 2009 3 Rs.50,000/- together with interest, which was allegedly paid by the first petitioner to the defacto complainant as per the agreement, which according to the petitioner was executed in the Police Station. These two suits are pending. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail for a period of one month on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioners shall appear before the investigating officer for interrogation as and when required; B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. D) On the expiry of the period mentioned above, the B.A. No. 3014/ 2009 4 petitioners shall surrender before the Magistrate concerned and seek regular bail. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm