I GLASKASDEN GRACE Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal is filed by the appellants being aggrieved by a part of the direction contained in the Order dated 2.9.2008 passed by the learned Single Judge of the Punjab & Haryana High Court in Criminal Original Petition No. 21442 of 2008 whereby the High Court allowed the application filed by the appellants under Section 438 of the Code of Criminal Procedure, 1973 (for short the "Code") and granted the relief of anticipatory bail as prayed for on the alleged grounds of imposing conditions which are unreasonable as submitted before us.

(3.) A complaint was filed by one B. Nagalakshmi W/o Balagovindarajulu, Complainant - Respondent No. 2 contending inter alia that she approached one M. Mani, a land broker, for the purchase of house sites bearing Nos. 9, 10, 11 and 12 in Sasi West Extension, Vilakrichi Village, Sern Nagar, Coimbatore. Mani informed that K. Sakthivel is the owner of site No. 12, and other site owners reside at Tiruppur and Selvapuram. Encumbrance Certificate issued by the Sub- Registrar and sale deed of 4 sites were shown, which reflected that the land were in the name of appellants. K. Sakthivel made assurance to the complainant that he will arrange for the sale of the four sites to her by the site owners by making them to execute a sale deed in her favour. The total sale amount for the four sites was fixed at Rs. 62,62,000/-. As alleged when the complainant came forward to tender white money for the entire amount, the accused Sakthivel asked her to tender white money only for Rs. 7,72,700/- and the rest in black, and represented that he would execute the sale deed in her favour only then. Accordingly, she had parted a sum of Rs. 7,72,700/- through four demand drafts and cash of Rs. 54,89,300/- to the accused, on the day of registration and got the sale deed executed in her favour on 15.05.2007. Subsequently, on 03.06.2007 when the respondent No. 2 attempted to put up a boundary around the land, she came to know that the said four sites originally belonged to some other person.