Ramachandran vs State Of Kerala on 12 December, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 7099 of 2006()


1. RAMACHANDRAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.SUNNY MATHEW

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :12/12/2006

 O R D E R
                                  V. RAMKUMAR, J.

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                     Bail Application  No. 7099 of 2006

                      * * * * * * * * * * * * * * * * * *

             Dated, this the  13th  day of   December  2006


                                         ORDER

The petitioner who is the first accused in Crime No. 228/2006 of

Feroke Police Station for an offence punishable under Sec. 420 read

with Sec. 34 I.P.C. seeks anticipatory bail.

2. The learned Public Prosecutor opposed the application. He

made available to me the case diary files relating to the matter.

3. Some time in May 2006 accused Nos. 1 and 2 promising

the de facto complainant who is a lady belonging to the Schedule

Caste to help her to secure a housing loan from the Kudumbasree

induced her to part with her title deed in respect of her residential

building and appurtenant land costing Rs. 5,00,000/-. They also

secured her signature in a blank stamp paper. After converting the

said stamp paper into an agreement for sale, the petitioner has

instituted a suit for specific performance alleging that the de facto

complainant had agreed to sell her property to him.

4. Investigation of the case is still in the preliminary stage. It

is too early to conclude that the petitioner is not guilty of the offence

alleged and that the de facto complainant was willingly executing the

B.A. No. 7099/06 -:2:-

agreement for sale in favour of the petitioner, I am not inclined to

grant anticipatory bail to the petitioner. There is no reason why the

petitioner should not surrender before the Magistrate concerned and

seek regular bail. Accordingly, if the petitioner surrenders before the

Magistrate concerned and files an application for regular bail within

two weeks from today, the same shall be considered and disposed of,

preferably, on the same date on which it is filed.

With the above observation, this application is dismissed.

Sd/-V. RAMKUMAR,

(JUDGE)

ani.