IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 Bail Appl..No. 4140 of 2008() ----------------------------- CRIME NO.125/08 RAJAPURAM POLICE STATION PETITIONER (S): ACCUSED --------------------------- 1. C.M.IBRAHIM, S/O.ARABI, MIYANATH VEEDU, R/AT CHULLIKKARA, PADIMARUTH PO, BELUR VILLAGE, HOSHURG TALUK 2. C.M.ABOOBACKER, S/O.ARABI, MIYANATH VEEDU, A/AT DOC.O. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE, RAJAPURAM POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.4140 of 2008 ------------------------------------------------- Dated this the 29th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 419, 420 and 465 read with Section 34 IPC. According to prosecution, petitioners in furtherance of common intention, produced one lady before the Sub Registrar's office, on 4.2.2008, stating that she is their mother and on such allegations, a document was caused to be registered, by which 3 acres of land of the petitioners' mother was transferred in the name of petitioners. Petitioners, thereby, committed offences under the above said Sections. 3. Learned counsel for the petitioners submitted that on the same allegations, another crime was registered and this Court granted anticipatory bail as per order dated 13.5.2008, in B.A.No.3011/08. Now another crime is registered on the complaint made by another person. Defacto complainant has no connection with the petitioners and he is not interested in the property. He is not even a relative of the petitioners and he has BA No.4140/08 2 no locus standi to file a complaint like this. The offences lodged are compoundable offences and hence, no prosecution can be launched on the basis of a complaint filed by such a person, it is submitted. 4. This petition is opposed. Learned public prosecutor submitted that the earlier bail application was filed when the mosque committee lodged a complaint alleging that the petitioners tried to remove the tomb-stone which showed the date of death of petitioners' mother and it has no connection with the present crime. It is submitted that the forgery was also committed by petitioners and anybody can set law in motion and the police can register crime and proceed with investigation. 5. On hearing both sides, I am satisfied that the allegations made in the complaint are serious in nature and even the officials of the Sub Registrar's office appears to be cheated also and hence, it is not a fit case to grant anticipatory bail. The crime is registered as early as on 6.6.2008, but, petitioners could not be arrested so far. No doubt, their arrest and interrogation will be required for the purpose of investigation, in the nature of allegations made. BA No.4140/08 3 Hence, petitioners are directed to surrender before the Investigating Officer or before the Magistrate Court concerned within seven days from today and co-operate with the investigation. With this direction, this petition is dismissed. K.HEMA, JUDGE csl