IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 Bail Appl..No. 6502 of 2011() ----------------------------- Crime No.540 of 2011 of Ranni Police Station. PETITIONER/ACCUSED: ---------------------------------- NALINAKSHIAMMAL, AGED 65 YEARS MARUTHINILKKUM PUTHENPARAMBIL HOUSE, VAIKKAM, RANNI VILLAGE & TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH SRI.PRAKASH KESAVAN RESPONDENT(S): --------------- 1. THE S.I OF POLICE,RANNI POLICE STATION PATHANAMTHITTA DISTRICT, PIN-686 993. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.6502 OF 2011 --------------------------------- Dated this the 23rd day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is the sole accused in Crime No.540 of 2011 of Ranni Police Station. 2. The offences alleged against the petitioner are under Sections 406 and 420 of the Indian Penal Code. 3. The crime was registered on the basis of the complaint filed by the defacto complainant before the Magistrate's Court, which was forwarded to the Police for investigation under Section 156(3) of the Code of Criminal Procedure. 4. The case of the defacto complainant is that he entered into an agreement for sale with the petitioner by B.A. No.6502 OF 2011 2 which the petitioner agreed to sell her property to the defacto complainant. As per the terms of the agreement, a sum of `4,25,000/-(Rupees Four lakhs twenty five thousand only) was paid to the accused on two occasions. Later, it was revealed that the petitioner/accused has no clear marketable title in respect of the property. The defacto complainant demanded the money paid by him. The accused did not pay the amount. 5.It is submitted by the learned counsel for the petitioner that the petitioner is a lady, aged 65 years. The dispute involved is a civil dispute. If the petitioner arrested and detained, she would be put to irreparable injury and great hardship. 6. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release her on bail on her executing bond for `10,000/-(Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer B.A. No.6502 OF 2011 3 concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms