Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE4H DAY OF AUGUST201413TH SRAVANA, 1936 Bail Appl..No. 5741 of 2014 () ------------------------------- CRIME NO. 2476/2014 OF KARUNAGAPPALLY POLICE STATION, KOLLAM DIST. ....... PETITIONERS/ACCUSED NO.1 & 2: --------------------------------------------------- 1. MADHU, AGED46YEARS, S/O.RAGHAVAN, KURAVANTAYYATHU VEEDU, NAMPARUVIKALA, ALUMKADAVU P.O., KARUNAGAPPALLY VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM.
2. SREEVIDHYA, AGED40YEARS, W/O.MADHU, KURAVANTAYYATHU VEEDU, NAMPARUVIKALA, ALUMKADAVU P.O., KARUNAGAPPALLY VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL. RESPONDENTS/COMPLAINANTS/STATE: ------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE SUB INSPECTOR, KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT - 691 001. BY PUBLIC PROSECUTOR SMT.LALIZA. T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0408-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - - B.A. No.5741 of 2014 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of August, 2014 ORDER
Petition filed under Section 438 Cr.P.C. The petitioners are accused Nos.1 and 2 in crime No.2476/2014 of Karunagappally Police Station, which has been registered for the offences under Sections 420 & 511 r/w. Section 468 IPC. They are husband and wife. They are teachers by profession. The first informant and the first petitioner are first cousins.
2. The allegation is that in 2013 the first informant borrowed Rs.6,50,000/- from the first petitioner after getting as security two signed cheque leaves and a sale deed executed in his favour in respect of 9.750 cents belonging to him and his mother. There was an agreement to re-convey the property when the debt is discharged. The first petitioner demanded Rs.10,50,000/- towards the principal and interest. The first informant expressed his B.A. No.5741 of 2014 -2- readiness to give him 3 = cents out of the above said 9.750 cents. But he threatened to sell the whole 9.750 cents to strangers and to file cases on the basis of the cheque leaves unless he was given 4 cents.
3. Heard.
4. It appears that there is a civil suit pending between the parties concerned.
5. Having regard to the nature of the allegations, detention of the petitioners is not necessary for effective investigation. Releasing them on bail will not affect the investigation. In the result, this application is allowed with the following conditions:
1. The petitioners shall be released on bail after interrogation on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case. B.A. No.5741 of 2014 -3- 2) They shall appear before the Investigating Officer for interrogation if they are so required by him in writing. 3) They shall not destroy or tamper with evidence. 4) They shall not harass the de facto complainant. This order is not applicable if the petitioners choose to surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with the law. Sd/- K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE shg/