IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 Bail Appl..No. 5452 of 2008() ----------------------------- CRIME NO. 249/2008 OF KUNNAMKULAM POLICE STATION PETITIONER/ACCUSED NO.3 : ----------------- CHARLIE, S/O. DAVIS AND THAVOO, KANKJIRATHINKAL HOUSE, KUNNAMKULAM VILLAGE, THEKKEPURAM DESOM, THALAPPILLY TALUK. BY ADV. SRI.S.GOPAKUMARAN NAIR (SR.) SRI.M.CHANDRA BOSE SRI.A.RAJASIMHAN DR.ABRAHAM P.MEACHINKARA RESPONDENT: ------------- SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5452 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of September,2008 O R D E R Application for anticipatory bail. 2. This is the second application for anticipatory bail. The alleged offences are under sections 405, 417, 420, 120B read with section 34 IPC. Petitioner is 3rd accused in the crime. According to the prosecution, petitioner along with two others who are owners of 41 cents of land and a commercial complex. Though the property was hypothicated to K.F.C., suppressing the same, they sold a portion of the property in favour of the defacto- complainant. Later, the property was taken over by the K.F.C. and auctioned to third parties, since there was default in payments. Defacto-complainant who is the purchaser of the property filed a complaint alleging cheating, conspiracy, etc., on the basis of which the present crime is registered. 3. In the earlier application it was contended that defacto- complainant purchased the property with the knowledge of hypothecation. But the petitioner was not able to probabilise the said contention. Therefore, documents are produced along with BA 5452/08 -2- this application and it is contended that in 2006 the K.F.C. Issued notice to various tenants and though defacto-complainant was aware of this fact, he has not chosen to file a complaint till 2008. It is also contended that in a writ petition field by defacto- complainant as W.P.(C) No.4659/2008 though the petitioner was a party (respondent No.7) no whisper was made regarding any alleged cheating by petitioner. The contest was only against K.F.C. And not against petitioner. For all these reasons learned counsel for the petitioner strongly argued that defacto- complainant was aware of the transaction with the K.F.C. and no offence is committed by petitioner. Learned counsel for the petitioner submitted that petitioner is in a highly critical stage physically and he is admitted in the Lakeshore hospital and he is under treatment now. 4. On going through the documents produced and the order in writ petition referred above, I am satisfied that anticipatory bail can be granted to petitioner on conditions. It is also to be noted that auction sale was set aside by this Court in Annexure-III judgment. 5. In the result, the following order is passed:- Petitioner shall be released, in the event of his BA 5452/08 -3- arrest, if any, on bail on his executing a bond for Rs. 25,000/- with two solvent sureties each for the like amount to the satisfaction of the arresting officer on condition that he shall make himself available for interrogation by the Investigating Officer as and when directed and he will co-operate with the investigation. The application is allowed as above. K. HEMA, JUDGE. mn.