IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 Bail Appl..No. 6134 of 2009() ------------------------------------ CRIME NO. 984/2009 OF MATHILAKAM POLICE STATION PETITIONERS/ACCUSED : -------------------------------------- 1. ALPHONSA, D/O.OUSEPH, KURISUNGAL HOUSE, EDATHIRUTHY, KODUNGALLUR. 2. CICILY, D/O.OUSEPH, KURISUNGAL HOUSE, EDATHIRUTHY, KODUNGALLUR. BY ADVS. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.H.O, MATHILAKAM POLICE STATION. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6134 of 2009 ------------------------------------ Dated this the 26th day of October, 2009 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 3 in Crime No.984/2009 of Mathilakam Police Station. 2. The offences alleged against the petitioners are under Sections415 and 420 read with Section 34 of the Indian Penal Code. 3. The defacto complainant filed a complaint before the Magistrate's Court, which was forwarded to the police for investigation. The crime was accordingly registered by the police. The allegation of the defacto complainant is that accused persons entered into an agreement for sale of immovable property with the defacto complainant and defacto complainant paid advance. However, the accused persons did not execute the sale deed. They did not repay the advance amount also. B.A. No. 6134 of 2009 2 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs. 15,000/- 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. 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 ln