The petitioner is the 4th accused in Crime No.265/2014 of Ayarkunnam Police Station, Kottayam District. Offences alleged are under sections 420, 468, 448, 379, 427 and 120B of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. The learned counsel for the petitioner submits that he purchased an item of property from the 1st accused (vendor) in the year 2012 for valid consideration. The allegation made by the defacto complainant in this case is that the 1st accused again executed a document in respect of certain properties including the portions of the property which had already been purchased by this petitioner in the year 2012. Since there was an attempt to trespass into the petitioner's property, he filed a suit against the 1st accused as O.S. No.645/2013.
3. The learned counsel for the petitioner submits that since the petitioner is a bonafide purchaser for valid consideration, if at all the defacto complainant has any grievance, he can get it redressed only against the 1st accused who executed the subsequent document in favour of the complainant.
4. The prosecution contends that there was a criminal conspiracy between the 1st accused and the 4th accused. It is only a wild allegation, the learned counsel for the petitioner submits.
5. Considering all the aspects the following directions are issued:
The petitioner shall surrender before the Investigating Officer within ten days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will, considering the nature of the case, grant bail to the petitioner but on the following conditions:
a. The petitioner shall execute a bond for Rs.20,000/- (Rupees Twenty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.
b. The petitioner shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer as and when directed.
c. The petitioner shall surrender his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.
d. The petitioner will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
e. The petitioner shall not leave India without the prior permission of the learned Magistrate.
f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.
Sd/-
N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj