IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1224 of 2010()
1. GIRISH, S/O.MANOHARAN
... Petitioner
2. SATHEESH, S/O.SANKARAMKUTTY MENON
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE SUB INSPECTOR OF POLICE
For Petitioner :SRI.JOHN VARGHESE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :01/03/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 1224 of 2010
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Dated this the 1st day of March, 2010
O R D E R
This is an application for bail under Section 439 of the
Code of Criminal Procedure. Petitioners are accused Nos.1 and
2 in Crime No.179/2010 of Attingal Police Station.
2. The offences alleged against the petitioners are under
Sections 420, 465, 468, 471 and 120 B read with Section 34 of
the Indian Penal Code.
3. The case relates to sale of an item of immovable
property. The de facto complainant agreed to purchase an item
of immovable property. He paid Rs.23 lakhs to the owner of the
property. He was ready to pay balance amount. But the owner
of the property could not execute sale deed as the property had
already been acquired by the Government. There was a
mediation. The owner of the property agreed to repay the
amount to the de facto complainant. It is alleged that the
owner paid Rs.18 lakhs to the accused who acted as mediators,
for being paid to the de facto complainant. Without disclosing
the same to the de facto complainant, the accused persons
B.A. No. 1224/ 2010
2
assured that all the cases would be settled and fraudulently
forged a document as if it was executed and signed by the de
facto complainant, agreeing to settle all the disputes. In that
process, the accused persons unlawfully gained a sum of Rs.18
lakhs, causing loss to the owner of the land as well as to the de
facto complainant.
4. The petitioners were arrested on 14/2/2010 and they
were remanded to judicial custody. It is submitted by the learned
counsel for the petitioners that the custody of the petitioners was
given to the police for a period of three days and the petitioners
were interrogated by the police.
5. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
petitioners, the nature of the offence and the present stage of
investigation, I am of the view that bail can be granted to the
petitioners on stringent conditions.
6. The petitioners shall be released on bail on their
executing bond for Rs.50,000/- each with two solvent sureties
each for the like amount to the satisfaction of the Judicial
B.A. No. 1224/ 2010
3
Magistrate of the First Class, Attingal subject to the following
conditions:-
A) The petitioners shall report before the
Investigating Officer between 9 A.M. and
11 A.M. on all 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 as above.
K.T. SANKARAN, JUDGE
scm