IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

THURSDAY, THE 7^TH DAY OF SEPTEMBER 2023 / 16TH BHADRA, 1945 BAIL APPL. NO. 5775 OF 2023 PETITIONERS:

1 KISHAN C.JAGED 41 YEARSSTATE PRESIDENT, AKHILA BHARATHA HINDHU MAHA SABHA, S/O. JOB C.J., CHEEVELIKKAL HOUSE, HARITHA NAGAR, P.O.

MULLAMKUNNATHUKAVU, THRISSUR, PIN - 680581

2 GIRISH T.S.AGED 44 YEARSSTATE VICE PRESIDENT, AKHILA BHARATHA HINDHU MAHA SABHA S/O. SUBHASH, THADATHIL VEEDU, MULLAMKUNNATHUKAVU, THRISSUR, PIN - 680581 BY ADV ANUPAMA SUBRAMANIAN RESPONDENT:

STATE OF KERALAREPRESENTED BY STATION HOUSE OFFICER, NEDUPUZHA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN -

682031 SRI. G SUDHEER (PP)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

07.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

The petitioners have filed this bail application on the apprehension that they might be arrested in connection with Crime No.471 of 2023 of Nedupuzha Police Station, Thrissur District alleging commission of offences under Sections 420, 406 and 34 of the Indian Penal Code.

2. The learned counsel appearing for the petitioners would submit that the first accused in the case had entered into a sale agreement with the de facto complainant regarding sale of a 'Villa' belonging to the first accused and had collected some amount as advance from the de facto complainant. It is submitted that since the de facto complainant could not complete the transaction, the de facto complainant demanded return of the advance amount from the first accused and the petitioners who are members and office bearers of an organisation had mediated the matter, as a result of which, a sum of Rs.5,50,000/- was returned by the first accused to the de facto complainant. It is submitted that the de facto complainant, thereafter, voluntarily paid a sum of Rs.50,000/- towards the 'Annadanam Fund' of the organisation of which the petitioners are office bearers and they have now been falsely implicated in the case filed by the de facto complainant against the first accused.

3. The learned Public Prosecutor, on instructions, would submit that the 2^nd petitioner is not made an accused in the first information report. It is submitted that, according to the de facto complainant, the 1^st petitioner had played an active part in the transaction between the de facto complainant and the first accused and had even told the de facto complainant that she cannot get a return of the entire money paid as advance to the first accused.

4. Having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that this bail application need not be considered so far as it relates to the 2^nd petitioner.

5. Taking into consideration the facts and circumstances of the case and the allegations raised against the first petitioner, I am of the view that the first petitioner can be granted anticipatory bail subject to conditions. Therefore, this bail application is allowed so far as it relates to the 1^st petitioner. The 1^st petitioner shall be released on bail in the event of arrest in connection with Crime No. 471 of 2023 of Nedupuzha Police Station subject to the following conditions:-

(i) The 1^st petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer;

(ii) The 1^st petitioner shall report before the Investigating officer in Crime No. 471 of 2023 of Nedupuzha Police Station as and when called upon to do so;

(iii) The 1^st petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No. 471 of 2023 of Nedupuzha Police Station;

(iv) The 1^st petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No. 471 of 2023 of Nedupuzha Police Station