Petitioners are accused Nos.1 and 3 in Crime No.262/2014 of Areacode Police Station, Malappuram District. The offences alleged against them and other accused are punishable under Secs.406 and 420 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. Learned Public Prosecutor submits that 2nd petitioner, who was originally arrayed as A3 has already been deleted from the party array. Hence, he need not apprehend arrest.
3. First petitioner is the wife of Ramesan, who is the 2nd accused. It is alleged that the 2nd accused - Ramesan has been missing for the last two months. According to the complainant, first petitioner had executed an agreement agreeing to sell 4 cents of property at the rate of per cent and thus, she received ₹3 lakhs as advance.
₹1 lakh
4. The allegations are absolutely false, the learned counsel for the petitioners submits. It is submitted that the property mentioned in the complaint had already been sold by the first petitioner on 5.10.2012 and as such, the question of entering into an agreement with respect to that property does not arise at all. It is submitted that the 2nd accused might have borrowed some amount, but, since it was not possible to realise any amount from the 2nd accused a false agreement has been created to pressurise the first petitioner.
5. Considering all the aspects, the first petitioner shall surrender before the Investigating Officer within 10 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 grant bail to the first petitioner but on the following conditions:
a. The first petitioner shall execute a bond for ₹25,000/- (Rupees Twenty Five 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 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 Jvt