IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 Bail Appl..No. 914 of 2008() ---------------------------- CRIME 432/07 OF WADAKKANCHERY POLICE STATION PETITIONERS/ACCUSED NO.1 & 2 --------------------------------------------- 1. KRISHNAKUMAR, AGED 38, S/O.GOPALAN NAIR, AILYAM, THALAPPILLY TALUK, PERINGANDOOR, WADAKKANCHERY, THRISSUR - 680 581. 2. NIXON, AGED 38, S/O.VINCENT, THERAMBATHU HOUSE, SILK NAGAR, THALAPPILLY TALUK, PERINGANDOOR, WADAKKANCHERY, THRISSUR. BY ADV. SRI.M.ANIL KUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE C.I. OF POLICE, WADAKKANCHERY POLICE STATION, (CRIME NO.432/07), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 914 OF 2008 B ```````````````````````````````````````````````````` Dated this the 28th day of February, 2008 O R D E R Application for anticipatory bail. Petitioners are accused Nos.1 and 2. There are only two accused persons. Crime has been registered alleging commission of the offence punishable under section 420 IPC. 2. The de facto complainant is the brother of one Girish. The said Girish had entered into an agreement with accused Nos.1 and 2 to sell an item of his property to them. Accordingly, the said Girish had executed the document assigning his rights in the property to accused Nos.1 and 2. Girish has raised no grievance about the transaction. It was the de facto complainant(Girish's brother) who raised the allegations. The allegations raised by the de facto complainant are not supported by Girish, his brother, the alleged victim. BA.914/08 : 2 : 3. The learned counsel for the petitioners submits and the learned Public Prosecutor accepts the said submission that the said Girish is alleged to have eloped with the wife of the de facto complainant. They have now come back and the spouses have resumed cohabitation. The petitioners have not been arrested. They apprehend imminent arrest. 4. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. The person with whom they transacted the business - Girish, has no grievance whatsoever. Girish's brother, who has animosity against Girish on account of the illicit intimacy between the wife of the de facto complainant and Girish, cannot be permitted to vex and harass the petitioners on the allegation that the petitioners had cheated the said Girish. The petitioners may be granted anticipatory bail, it is prayed. 5. The learned Public Prosecutor does not oppose the application. He only submits that appropriate conditions may BA.914/08 : 3 : be imposed. I am satisfied that anticipatory bail can be granted to the petitioners subject to appropriate terms and conditions. 6. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 7.3.08. They shall be released on regular bail on condition that they execute bonds for Rs.25,000/-(Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 3 p.m on all Mondays and Fridays for a period of one month. Subsequently the petitioners shall so appear as and when directed by the investigating officer in writing to do so. (iii) If the petitioners do not appear before the learned BA.914/08 : 4 : Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioners and deal with them in accordance with law, as if these directions were not issued at all. (iv) If they were arrested prior to 7.3.08, they shall be released from custody on their executing bonds for Rs.25,000/- (Rupees twenty five thousand only) each without any sureties, undertaking to appear before the learned Magistrate on 7.3.08. (R.BASANT, JUDGE) aks