IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 Bail Appl..No. 2541 of 2010() ----------------------------- (CRIME NO.831/2010 OF ERNAKULAM CENTRAL POLICE STATION) PETITIONERS/ACCUSED --------------------------------------- 1. R.J.SHANKAR, S/O.M.S.RANGANATHAN, FLAT NO.5C, REGENT GARDENS, HOSPITAL ROAD, OPP: KALYAN SILKS, COCHIN-11. 2. RANI SHANKAR, RESIDING DO. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, ERNAKULAM CENTRAL POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.2541 OF 2010 -------------------------------- Dated this the 21st day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offence is under Section 420 r/w 34 of IPC. According to prosecution, petitioners along with their son is conducting business in real estate. They have also formed a company and along with one George, had undertaken to develop 4.31 acres of land. In the meantime, de facto complainant entered into an agreement with the company and petitioners promised to take him as the director of the company on payment of Rs.50,00,000/-. Rs.10,00,000/- was given. An agreement was executed promising to pay Rs.25,000/- to de facto complainant, but, money was not paid and petitioners along with others cheated de facto complainant. 3. Learned counsel for petitioner submitted that this is an absolutely false case foisted against petitioners. Petitioners (A1 and A2) are husband and wife. First accused and one George are having business transactions with each other. The said George is on inimical terms with petitioner and he filed a complaint against first accused and it was referred by the police. Thereafter, a civil suit was filed, and first accused obtained an injunction order against Sri.George. Thereafter, the said George deputed certain B.A No.2541 OF 2010 2 persons including de facto complainant to trespass into the house of first accused and cause mischief there. They accordingly came to the house of first accused and committed various offences. First accused was forced to file a complaint against them and also a representation before the Minister and copy of the said petition dated 06/08/2009 is Annexure A1. Thereafter, at the instance of George, this false complaint is filed. No agreement as alleged is executed. 4. On hearing both sides and going through the documents produced, I am satisfied that anticipatory bail can be granted to petitioners. Hence, the following order is passed. (1) Petitioners shall surrender before the Magistrate Court concerned within seven days from today. (2) On such surrender, they shall be released on bail on their executing bond for Rs.10,000/- (Rupees ten thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on the following conditions: (i) Petitioners shall report before the Investigating Officer as and when directed and co-operate with investigation. B.A No.2541 OF 2010 3 (ii) Petitioners shall not influence or intimidate any witnesses or tamper with any evidence. Petition is allowed. K.HEMA JUDGE vdv