Kerala High Court: B. Sudheendra Kumar, J. allowed a bail application seeking relief of anticipatory bail for crimes of criminal conspiracy.

In the present case, the third respondent had purchased the property of the petitioner. However, it was alleged that the survey number of the property was shown incorrectly by the petitioner and hence, a case was registered against the petitioner for criminal conspiracy under Section 120-B of the Penal Code, 1860.

The Counsel representing the petitioner, Binoy Vasudevan, applied for anticipatory bail and submitted that the petitioner was not involved in the acts of criminal conspiracy as alleged by the respondents.

The Public Prosecutor for the State opposed the submission of the petitioner. However, he submitted that the petitioner has not been involved in such activities of a similar nature and has no criminal antecedent.

The Court, upon perusal of the documents and facts presented on the record, allowed the bail application and stated that the documents relating to the transaction had been already been seized by the police and no recovery is to be effected from the petitioner. Thus, the custodial interrogation is not necessary and due to the petitioner having no criminal antecedent, the petitioner needs to be released.[Paily Mathew v. State of Kerala, 2019 SCC OnLine Ker 2866, decided on 04-09-2019]

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