High Court Kerala High Court

Charlie vs Sub Inspector Of Police on 3 September, 2008

Kerala High Court
Charlie vs Sub Inspector Of Police on 3 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5452 of 2008()


1. CHARLIE, S/O. DAVIS AND THAVOO,
                      ...  Petitioner

                        Vs



1. SUB INSPECTOR OF POLICE,
                       ...       Respondent

                For Petitioner  :SRI.S.GOPAKUMARAN NAIR (SR.)

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :03/09/2008

 O R D E R
                               K. HEMA, J.
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                        B.A.No. 5452 of 2008
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          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

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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.