IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 Bail Appl..No. 3897 of 2009() --------------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.2633/2009 Dated 16/06/2009 CRIME NO.206/2009 OF CHANDERA POLICE STATION. .................... PETITIONER/ACCUSED: -------------------------------------- 1. RANJITH V.M., AGED 26 YEARS, S/O.CHANDRAMATHI, R/AT.CHANDERA, MANIYAT, PILICODE VILLAGE, HOSDURG TALUK, KASARAGOD. 2. CHANDRAMATHI V.M., AGED 26 YEARS, W/O.RAMACHANDRAN, R/AT.CHANDERA, MANIYAT, PILICODE VILLAGE, HOSDURG TALUK, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT/ COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE, CHANDERA POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3897 of 2009 ------------------------------------ Dated this the 22nd day of July, 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 2 in Crime No. 206/2009 of Chandera Police Station. 2. The offences alleged against the petitioners are under Sections 468, 471 and 420 of the Indian Penal Code. 3. The defacto complainant filed a compliant before the Judicial Magistrate of the First Class -I, Hosdurg, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. The allegation levelled against the petitioners is that they forged signature of the grand mother of the first accused, who is the mother of the second accused and created a gift deed in favour of the first accused. 4. The learned counsel for the petitioners submitted that O.S. No.159/2009 was filed by the petitioners against the defacto complainant before the Munsiff's Court, Hosdurg for permanent prohibitory injunction. That suit relates to the B.A. No.3897/2009 Page numbers property covered by the gift deed, in respect of which the offence is alleged to have been committed in the present crime. The suit is pending. An interim injunction was also granted in favour of the petitioners, submits the counsel. The learned counsel for the petitioners also submitted that petitioners filed a complaint before the Judicial Magistrate of the First Class -I, Hosdurg against the defacto complainant alleging offences under Sections 324, 341, 506(i) and 308 of the Indian Penal Code. It is submitted that cognizance was taken by the learned Magistrate and summons were issued to the defacto complainant. That case is also pending. 5. 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.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. No.3897/2009 Page numbers 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 scm