IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5946 of 2009()
1. K.V.KURIAKOSE @ KURIAN,S/O. VARKEY,
... Petitioner
2. KAVUMPURATH JAIN, W/O. DOMINIC,
Vs
1. STATE OF KERALA (S.I OF POLICE,
... Respondent
For Petitioner :SRI.O.V.MANIPRASAD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :19/10/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.5946 of 2009
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Dated this the 19th day of October, 2009
ORDER
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioners are
accused Nos.1 and 2 in Crime No.30 of 2009 of Kudiyanmala
Police Station.
2. The offence alleged against the petitioners is under
Section 420 read with Section 34 of the Indian Penal Code.
3. The defacto complainant filed a complaint before the
court of the Judicial Magistrate of the First Class, Taliparamba
which was forwarded to the police under Section 156(3) of the
Code of Criminal Procedure. Accordingly, the crime was
registered.
4. The case of the defacto complainant is that the first
accused agreed to sell an item of immovable property to him for
a consideration fixed and an advance was also paid. Later,
instead of transferring the property to the defacto complainant,
the first accused transferred the property to the second accused
BA No.5946/2009 2
and thus, they committed the offence under Section 420 of the
Indian Penal Code.
5. The learned counsel for the petitioners contended that
even if all the allegations are taken as true, it would be a ground
for a civil action. In fact, the defacto complainant has filed
O.S.No.83 of 2009 against the petitioners before the Sub Court,
Payyannur for specific performance of the agreement for sale.
The suit is pending.
6. 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 petitioners, the officer in charge of the police station shall
release them on bail on their executing bond for Rs.15,000/-
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 appear before the investigating officer
for interrogation as and when required;
b) The petitioners shall not try to influence the prosecution
witnesses or tamper with the evidence;
BA No.5946/2009 3
c) The petitioners shall not commit any offence or indulge in
any prejudicial activity while on bail;
d) 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
csl