MINI RADHAKRISHNAN vs THE SUB INSPECTOR OF POLICE & ANR.

This is an application for anticipatory bail filed under section 438 of the Code of Criminal Procedure.

The petitioner is the accused in the case registered as Crime No.1130/2017 of Kattakada Police Station under Sections 420 and 468 I.P.C.

The prosecution case is that, the petitioner, not being the owner of an immovable property, entered into an agreement with the defacto complainant

for sale of that property to him for a consideration of Rs.1,16,10,000/- and that she received an amount of Rs.10,00,000/- as advance but neither

she registered the sale deed in respect of the property in the name of the defacto complainant nor she returned the money to him and thereby she

cheated him.

I have heard the learned Counsel for the petitioner and the learned Public Prosecutor and perused the records.

The petitioner has produced a copy of the agreement entered into with the defacto complainant. This agreement is dated 17.09.2012. On a

perusal of this agreement, it is seen that in the agreement itself, the petitioner had stated that the property concerned was only intended to be

purchased by her pursuant to an agreement entered into with another person. At any rate, custodial interrogation of the petitioner is not necessary

to have an effective investigation in this case. The prosecution has also no apprehension that on getting bail, the petitioner would flee from justice.

In these circumstances, I find that the discretion of this Court can be exercised in favour of the petitioner to grant her pre-arrest bail.

In the result, the petition is allowed and it is ordered as follows:

1) The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties each for the like

amount in the event of her arrest by the police in Crime No.1130/2017 of Kattakada Police Station.

2) The petitioner shall appear before the Investigating Officer between 09 a.m and 11 a.m on all Saturdays for a period of two months after being

released on bail.

3) The petitioner shall not in any manner influence or intimidate the prosecution witnesses, including the defacto complainant. She will not make any

attempt to tamper with the evidence in the case.

4) The petitioner shall not leave the State of Kerala without the prior permission of the jurisdictional court concerned.

5) The petitioner shall appear before the Investigating Officer as and when directed in writing to do so.