IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Bail Appl..No. 7245 of 2011() ---------------------------------- (CRIME NO.191/2009 OF VADAKARA POLICE STATION, KOZHIKODE DISTRICT) ... PETITIONERS/ PETITIONERSACCUSED NOS.2, 3, 6, 10 ---------------------------------------------------------------- 1. ASOKAN P.K., S/O.ANDY, PUTTOOLI KANDY MEETHAL HOUSE, VELUR, ATHOLI P.O., KOZHIKODE. 2. THANKACHAN P.L., S/O.PALLATH LOOKA @ VARGHESE LUKA, PALLATH HOUSE, KODENCHERY AMSOM DESOM, THAMARASSERY, KOZHIKODE-673580. 3. SUHARA P.V., D/O.SHAPHEER, BAITHUL HAMSA HOUSE, KANIYAMKULAM, MOODADI P.O., KOYILANDY. 4. JUDY CHACKO, S/O.CHACKO, EDAKKAYIL HOUSE, PUZHAMADI P.O., KALPETTA, WAYANAD. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S):COMPLAINANT -------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, VADAKARA POLICE STATION, KOZHIKODE DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. S. HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------- B.A. NO.7245 OF 2011 -------------------------- Dated this the 7th day of December, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioners are accused 2, 3, 6 and 10 in Crime No.191/2009 of Vadakara Police Station for offences punishable under Sections 420, 468 and 471 r/w Section 34 IPC. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition is filed seeking an order directing the respondent to release the petitioners on bail in the event of arrest with a plea that they are innocent of the allegations. 2. Having heard either side, it is revealed that the petitioners had applied for loan from the Catholic Syrian Bank Limited, Vadakara Branch and to induce the bank to grant loan, they have created forged documents and stated that they are employees of the Kerala Roads and Bridges Survey Limited and using those false documents as genuine they had availed the loan. Therefore, prima facie, there are materials regarding the complicity B.A. NO.7245 OF 2011 2 of the petitioners. In the above circumstance, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. In the result, this petition is disposed of with direction to the petitioners to surrender before the Investigating officer . The Investigating Officer after interrogation and recovery, if any, shall produce the petitioners before the Magistrate concerned, so as to enable the petitioners to apply for bail, which the Magistrate shall dispose of on merits, as far as possible on the same day, provided due notice is given to the Assistant Public Prosecutor. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge