IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 Bail Appl..No. 2179 of 2009() CRIME NO. 1026/08 OF KUNDARA POLICE STATION ----------------------------- PETITIONER/ACCUSED -------------------------------------- GRACY KUTTY, W/O.CHERIAN, KIZHAKKATHIL VEEDU, NANTHIRIKAL, EDAVATTAM, KOLLAM DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT/ COMPLAINANT ---------------------------------------------- THE STATE OF KERALA REP. BY THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/06/2009 ALONG WITH BA NO.2629/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos. 2179 &2629 of 2009 ----------------------------------------- Dated this the 17th day of June, 2009 O R D E R These are applications for anticipatory bail under section 438 of the Code of Criminal Procedure. B.A. No.2179/2009 is filed by the second accused and B.A. No.2629/2009 is filed by the accused Nos. 3 and 4 in Crime No.1026/2008 of Kundara Police Station. 2. The offences alleged against the petitioners are under Sections 420, 468, 471 and 120 B of the Indian Penal Code. 3. The gist of the allegation is that the first accused created a false document in favour of the second accused in respect of the property belonging to the defacto complainant and thereafter the property was mortgaged in a bank and money was raised. On a perusal of case diary, it is revealed that a civil suit is pending between the parties. 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 B.A. Nos. 2179 &2629 /2009 2 petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.50,000/- 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 report before the investigating officer between 9 A.M and 11 A.M. on all alternate Mondays, till the final report is filed or until further orders; B) The petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) 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