IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4228 of 2007()
1. K.P.KUNHIKANNAN,
... Petitioner
Vs
1. STATE OF KERALA REP. BY THE
... Respondent
For Petitioner :SRI.P.BABU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :12/07/2007
O R D E R
R.BASANT, J.
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B.A.No.4228 of 2007
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Dated this the 12th day of July 2007
O R D E R
Application for anticipatory bail. The petitioner is the fourth
accused. Crime has been registered against five accused persons
including the petitioner on the basis of a private complaint filed by the
defacto complainant – manager of a bank before the learned
Magistrate, which complaint was referred to the police under Section
156(3) Cr.P.C.
2. The crux of the allegations, submits the learned Public
Prosecutor is that the first accused had approached the bank to raise
a loan. He had produced a partition deed to show the title of an item
of property. Encumbrance certificate was also obtained and produced
before the bank. A liability was created on the strength of the said
property. The loan amount was not repaid. It is alleged that
subsequent to the creation of the loan, the first accused had sold the
property, offered as security, to various other persons. This was
allegedly done by him with fraudulent and objectionable motives. The
petitioner is the Sub Registrar. The allegation against him is that he
is a party to the registration of such post-pledge documents to various
persons by the first accused.
B.A.No.4228/07 2
3. The learned counsel for the petitioner submits that the
allegations, even if accepted in toto, cannot at all, indicate any
complicity of the petitioner. When the title holder, who has pledged
the property, decides to sell the property to some others, the
Registrar has no obligation to prevent such registration, submits the
learned counsel for the petitioner. In these circumstances, directions
under Section 438 Cr.P.C may be issued to save the petitioner of the
undeserved trauma of arrest and incarceration in prison, submits the
learned counsel for the petitioner.
4. The learned Public Prosecutor does not oppose the prayer
for anticipatory bail. He only prays that appropriate directions may
be issued to ensure that an efficient and expeditious investigation is
conducted.
5. I am satisfied in the circumstances of this case that
directions under Section 483 Cr.P.C can be issued in favour of the
petitioner. Appropriate conditions can, of course, be imposed.
6. In the result, this petition is allowed. Following directions
are issued under Section 438 Cr.P.C in favour of the petitioner.
i) Petitioner shall surrender before the learned Magistrate
having jurisdiction at 11 a.m on 19/7/2007.
ii) He shall be released on regular bail on condition that he
executes a bond for Rs.25,000/-(Rupees twenty five thousand only)
B.A.No.4228/07 3
with two solvent sureties each for the like sum to the satisfaction of
the learned Magistrate.
iii) The petitioner shall make himself available for
interrogation before the investigating officer between 10 a.m and 1
p.m on 20/07/2007 and thereafter as and when directed by the
investigating officer in writing to do so.
(iv) If the petitioner does not appear before the learned
Magistrate as directed in clause (i), directions issued above shall
thereafter stand revoked and the police shall be at liberty to arrest
the petitioner and deal with him in accordance with law, as if these
directions were not issued at all.
(v) If he were arrested prior to 19/7/2007, he shall be
released on bail on his executing a bond for Rs.25,000/- (Rupees
twenty five thousand only) without any sureties, undertaking to
appear before the learned Magistrate on 19/7/2007.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
B.A.No.4228/07 4
B.A.No.4228/07 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007