IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 8025 of 2008()
1. PRATHEEKSHA, PIGI SADAN, VETTUVAZHY,
... Petitioner
2. PONNAMMA, PIGI SADAN, VETTUVAZHY,
Vs
1. THE STATION HOUSE OFFICER,
... Respondent
For Petitioner :SRI.B.JAYASURYA
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :09/01/2009
O R D E R
K.HEMA, J
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B.A.No. 8025 of 2008
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Dated this the 9th day of January, 2009
O R D E R
The petition is for anticipatory bail.
2. The crime was registered on the allegation that
petitioners cheated the defacto complainant by selling a property
in his favour, which was mortgaged, suppressing the fact that
there was a mortgage in favour of the bank.
3. The crime was registered as early as on 20.8.2007.
Learned counsel for petitioners submitted that petitioners have
not committed any offence. It is highly improbable that any
person can purchase the property which is mortgaged and
hence, they may be granted anticipatory bail, it is submitted.
4. Learned public prosecutor submitted that the allegations
made in this case are serious in nature and the offence is clearly
made out by the materials in the case diary. The charge was
already laid and if the petitioners are innocent, they have
remedies before the trial court as well as other court. The
petitioner may be directed to apply for regular bail, it is
submitted.
B.A.No. 8025 of 2008 -2-
5. On hearing both sides, I find no special circumstance to
grant anticipatory bail. The petitioners may seek their remedy
before the trial court.
The petitioners are directed to surrender
before the Magistrate Court concerned within
seven days from today.
The petition is dismissed.
K.HEMA, JUDGE
rhs