IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 Bail Appl..No. 7209 of 2008(A) ------------------------------------- CRIME NO.753/2008 OF KASARGOD POLICE STATION PETITIONERS/ACCUSED : ------------------------------ 1. P.GOPALAKRISHNAN NAIR, S/O. KUNHAMBU NARI, PERIYATH HOUSE, KUNDANKUZHY, KASARGOD. 2. SREELAKHA @ USHA,W/O. G.GOPALAKRISHNAN NAIR, PERIYATH HOUSE, KUNDAKUZHY, KASARGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT/COMPLAINT : -------------------------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE, KASARGOD POLICE STATION REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7209 OF 2008 ------------------------------ Dated this the 12th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 420, 406 read with 34 of IPC. According to prosecution, first petitioner borrowed an amount of Rs.10 Lakhs from the Canara Bank in the year 2004 for the purpose of construction of the house and second accused, who is the wife of first accused, stood as surety. The house was not constructed and the loan was not repaid and hence a compliant was lodged by the bank. 3. Learned counsel for petitioners submitted that first petitioner has took a loan mortgaging the property and the house construction could not be completed due to financial stringency. He could not also repay the loan also and hence, a criminal complaint is filed. It is also pointed out that a suit has been filed by the bank against petitioners and it is only a question of repayment of the amount. The repayment could not be effected only because petitioners were in great financial stringency. For these reasons, if petitioners are B.A.No.7209 of 2008 2 send to jail it will result in irreparable injury and loss. It is only a civil dispute, it is submitted. 4. Learned Public Prosecutor submitted that petitioners may be directed to surrender before the Investigating Officer and subject to that, he has no objection in granting anticipatory bail. On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioners on conditions. Hence, the following order is passed. Petitioners shall surrender before the Magistrate court concerned and they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions: i) First petitioner shall report before the Investigating Officer within 3 days from the date of release on bail and co-operate with investigation. B.A.No.7209 of 2008 3 ii) Second petitioner shall thereafter report before the Investigating Officer as and when directed. iii) Petitioners shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac