IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 Bail Appl..No. 7955 of 2008() ----------------------------- CRIME NO.196/08 OF NEYYAR DAM POLICE STATION PETITIONER/ACCUSED -------------------------------------- 1. SIMON, S/O. ACHUTHAN, AGED 52, R.R.BHAVAN, MUNDAVAMUNNU,NEYYAR DAM P.O. 2. SIBHANA, AGED 42,W/O.SIMON, RESIDING AT -DO- -DO- 3. RAJESH, AGED 22,S/O. SIMON, RESIDING AT -DO- -DO- 4. RAJESH AGED 25,S/O.SIMON, RESIDING AT -DO- -DO- BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY' THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/01/2009, THE COURT ON 05/01/2009 PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7955 of 2008 ----------------------------------------- Dated this the 5th January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 420, 468, 471, 474, 120B and 34 of the Indian Penal Code. According to prosecution, third accused transferred an extent of property to first accused and mortgaging the said property, a loan was obtained from the bank for construction of a house. Thereafter, it was found that the house constructed in the property which belongs to fourth accused also which lies adjacent to the property of first accused. Documents, which are produced before the bank for obtaining the loan (possession certificate and location sketch) were forged also. Therefore, the bank filed a complaint before the Magistrate Court and a crime was registered. 3. Learned counsel for petitioners submitted that there was some default of payment of loan. Therefore, proceedings under the Securitisation Act were initiated by the bank and when the officials came to the property to throw out the BA.7955/08 2 inmates of the house, there was some altercations. Therefore, this complaint is filed. The property was conveyed by third accused in the name of first accused and the certificates allegedly forged would reveal that those were relating to the property conveyed to the first accused and anticipatory bail may be granted, failing which petitioners will suffer irreparable injury and harm, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that there is a clear forgery of documents. In the certificate issued from the Village Office, certain alterations were made with a view to obtain the loan. The loan amount was also not repaid. It is further submitted that the property in which the building is constructed also takes in the property of the fourth accused, which is already mortgaged to another bank. Therefore, the bank was forced to file a criminal complaint. In these circumstances, learned Public Prosecutor submitted that it is not a fit case to grant anticipatory bail. 5. Learned counsel for petitioners further submitted that second petitioner (second accused) is the wife of first accused BA.7955/08 3 and mother of accused 3 and 4. She has no direct dealing with these transactions. She is only residing in the house and atleast she may be granted anticipatory bail, it is submitted. 6. Learned Public Prosecutor submitted that second accused was also allegedly present along with other accused at the time of inspection of the property and hence, her involvement cannot be ruled out. On hearing both sides and on considering the facts and circumstances, I find that considering serious nature of the allegations made, bail cannot be granted to petitioners except second petitioner. Hence, the following order is passed: 1) Prayer for anticipatory bail by petitioners, except second petitioner is rejected. 2) Second petitioner shall surrender before the Magistrate Court within seven days from today and she shall be released on her executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Second petitioner shall appear before the investigating officer as BA.7955/08 4 and when directed and co-operate with the investigation and make herself available for interrogation. ii) Second petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail. Petition is partly allowed. K.HEMA, JUDGE vgs.