Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioner is the accused in Crime No.131 of 2014 of the Valiyamala Police Station registered for the offences punishable under Sections 120B, 406, 415, 416, 417, 419, 420, 463, 464, 465, 468 and 471 r/w Section 34 of the Indian Penal Code.
3. The allegation against the petitioner is that he had executed an agreement for sale thereby agreeing to sell the land belonging to him to the de facto complainant on 01.02.2013 for an amount of Rs.24,00,000/- within a period of three months, and on different occasions received a total amount of Rs.17,00,000/- as part of consideration. Later, it was revealed the first petitioner had sold the same property to another person even as on 19.09.2012.
4. Heard the learned counsel for the petitioner, learned counsel for the de facto complainant and the learned Public Prosecutor.
B.A.No.7872 of 2014 2
5. Earlier the very same petitioner had approached this court for anticipatory bail through B.A.No.2486 of 2014 and the same was rejected by this Court on 23.05.2014, through Annexure-II order. There is absolutely no change of circumstances. When the petitioner had falsely represented through the agreement dated 01.02.2013 that he would sell the property within three months to the de facto complainant and accepted Rs.17,00,000/- as part of consideration, especially when the petitioner had sold the property even on 19.09.2012, it seems that there are prima facie materials to constitute an offence under Section 420 of the Indian Penal Code. The learned Public Prosecutor has pointed out that the petitioner is not co-operating with the investigation.
6. Considering the facts and circumstances of the case, and the present stage of investigation, I do not think that this is a fit case wherein anticipatory bail can be granted to the petitioner.
This bail application is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge