IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Bail Appl..No. 7260 of 2011() ----------------------------- CRIME NO.547/2011 OF NILESHWAR POLICE STATION, KASARAGOD .................... PETITIONERS/ACCUSED NO.1 AND 2: -------------------------------------------- 1. KOOKAL KARUNAKARAN NAIR, AGED 61 YEARS, S/O.LATE UCHIRA AMMA AND RAGHAVAN NAIR, CHERUKAVIL HOUSE, PARAMBIL BAZAR, KOZHIKODE, KOZHIKODE DISTRICT. 2. A.KUNHIKORAN NAIR, AGED 70 YEARS, S/O.KOOKAL KORAN NAIR, RESIDING AT VALLIKADAVU MALOTH VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN RESPONDENT(S): STATE: --------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM REPRESENTING NILESHWAR POLICE STATION. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7260 of 2011 --------------------------- Dated this the 10th day of October, 2011 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.547 of 2011 of Nileshwar Police Station. 2. The offences alleged against the petitioners are under Sections 420, 465, 467, 468, 471 and 474 read with Section 34 of the Indian Penal Code. 3. The crime was registered on the basis of a complaint filed by the de facto 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 prosecution case is the following : The mother of the accused executed a will bequeathing her property in favour BA 7260/11 2 of all her children including the accused. The mother died in the year 2004. Before the death of the mother, the accused managed to get two sale deeds executed and registered in favour of accused No.1. The mother had no sound disposing state of mind at the relevant time. The document was also got registered. The de facto complainant filed O.S.No.34 of 2006 on the file of the court of the Subordinate Judge of Kasaragod for cancellation of the two sale deeds in favour of the first accused, and for partition. The trial court decreed the suit and the decree was confirmed in appeal. 5. The learned counsel for the petitioners submitted that challenging the judgment and decree of the courts below, the first petitioner and another filed R.S.A.No.494 of 2011 before the High Court and the Second Appeal is pending. The counsel also submitted that there was no justification for filing a complaint before the Magistrate's Court when the matter is pending before the High Court. It is also pointed out that even the document writer and the Sub Registrar have been made accused in the case. BA 7260/11 3 6. A civil dispute is involved in the case. The civil court has to decide whether the documents in question are genuine or whether they were executed at a time when the executant was not having a sound disposing state of mind. 7. Since the matter is pending in Second Appeal and also taking note of the facts and circumstances of the case, I am of the view that it would be just and proper to grant anticipatory bail to the petitioners. There will be a direction that in the event of arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for ` 10,000/- 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 ; BA 7260/11 4 C) The petitioners 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 csl