High Court Kerala High Court

Vilayil Mukkali Nafeesa vs State Of Kerala on 17 July, 2008

Kerala High Court
Vilayil Mukkali Nafeesa vs State Of Kerala on 17 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 4491 of 2008()


1. VILAYIL MUKKALI NAFEESA
                      ...  Petitioner
2. MUHAMMAD  FIJAS,(AGED 23 YEARS)

                        Vs



1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.M.ASOKAN

                For Respondent  : No Appearance

The Hon'ble MRS. Justice K.HEMA

 Dated :17/07/2008

 O R D E R
                                 K. HEMA, J.

                   -----------------------------------------------

                    Bail Appl.No. 4491 of 2008

                   -----------------------------------------------

                Dated this the 17th day of July, 2008.


                                     ORDER

Petition for anticipatory bail.

2. The alleged offences are under Sections 420, 468 and

34 of IPC. The petitioners are the first and second accused. According

to prosecution, petitioners have executed an agreement in favour of

de facto complainant for sale of a property but a mortgage in favour

of the bank was suppressed and thereby they cheated the de facto

complainant.

3. Learned counsel for the petitioners submitted that an

agreement as Annexure-1 was executed between the parties for the

sale of a property for an amount of Rs.4,60,000/-. Thereafter,

Rs.1, 60,000/- was received towards part of sale consideration. No

subsequent payment was effected by the de facto complainant and

hence petitioners caused a lawyer notice, which was sent to the de

facto complainant, revoking the agreement and copy of lawyer notice

is Annexure-II. The registered notice was not served on the de facto

complainant and it was returned stating that the addressee left

India. Thereafter, the de facto complainant came back to India and

insisted petitioners to sell the property on the basis of the agreement

which was already revoked. But, the petitioners were not prepared for

the same and hence de facto complainant filed a civil suit. Thereafter,

a criminal complaint was also filed making false allegations, it is

submitted. It was also pointed out that the alleged suppression of

mortgage is not correct because mortgage is a registered one and it

[B.A.4491/08] 2

will be revealed from the encumbrance certificate.

4. Learned Public Prosecutor submitted that charge has already

been laid in this case.

5. On hearing both sides and on going through the records, I

am satisfied that it is only just and proper to give anticipatory bail to

the petitioners. Eventhough charge-sheet is laid, in fit cases,

anticipatory bail can be granted so as to prevent pre-trial detention.

Hence the following order is passed:

1) Petitioners shall surrender before the investigating officer

within 7 days from the date of this order and make

themselves available for interrogation.

2) Thereafter, in the event of arrest of the petitioners, they

shall be produced before the Magistrate Court concerned

and, if any application is filed for bail, they shall be

released on bail on their executing bond for Rs.25,000/-

each with two solvent sureties each for the like sum to the

satisfaction of the learned Magistrate.

Petition is allowed.

K. HEMA, JUDGE.

Krs.