IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Bail Appl..No. 1896 of 2008() ----------------------------- CRIME NO. 582/07 OF VADANAPPILLY POLICE STATION .................... PETITIONERS/ACCUSED ------------------------------------ 1. PUSHKALA, AGED 39 YEARS, VEBENATT HOUSE, P.O.VADANAPPILLY. 2. SANDHYA, AGED 24 YEARS, W/O.SHINOJ, KOCHUVEETTIL HOUSE, P.O.VADANAPPILLY. 3. SATHEESH, AGED 29 YEARS, THARAYIL HOUSE, P.O.GANESHAMANGALAM, VADANAPPILLY. 4. BINDHYA, AGED 21 YEARS, THARAYIL HOUSE, P.O.GANESHAMANGALAM, VADANAPPILLY. BY ADV. SRI.A.C.DEVY RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1896 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of April, 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 to 4. The second accused is the wife of the first accused and accused 3 and 4 are the sister and mother of the second accused. The defacto complainant is a neighbour of the accused. She has half right in respect of a property. The other half belongs to her daughter Thahira. Allegations are raised against the petitioners/accused, inter alia, under Section 420 I.P.C. Crime has been registered. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. False and vexatious allegations are being raised against the petitioners. The crux of the allegations is that the daughter of the defacto complainant, along with another lady, who pretended to be the defacto complainant, went to a local Co-operative Bank and raised a loan B.A.No. 1896 of 2008 2 offering the joint property as mortgage. It is alleged that the defacto complainant had not gone to the bank and had not executed any document. It is further alleged that it is the 4th accused who had prevailed upon the daughter of the defacto complainant and one other lady to go to the co-operative bank, offered the document of the property as security and availed the loan. It is further contended that only an amount of Rs.20,000/- out of the amount of Rs.90,000/- was paid to the daughter of the defacto complainant and that the balance amount was appropriated by the accused. 3. The learned counsel for the petitioners submits that the defacto complainant does not want to offend her daughter, who was one of the signatories and applicant for the loan. She had admittedly joined the transaction, wherein the defacto complainant is shown as the co-mortgagor. In any view of the matter, at this stage there is no material to infer culpability of the petitioners and the defacto complainant only appears to be straining to avoid blame for her daughter and at the same time to save her interest in the property. At any rate, the petitioners may not be compelled to endure the trauma of B.A.No. 1896 of 2008 3 arrest and detention. They may be granted anticipatory bail, it is prayed. 4. The learned Prosecutor does not oppose the application, but submits that appropriate conditions may be imposed to ensure a fair, efficient and expeditious investigation. 4. I am satisfied that appropriate directions can be issued under Section 438 Cr.P.C. in favour of the petitioners, though it appears that the matter deserves close scrutiny as the version of the defacto complainant that she had not executed the document appears to be prima facie true and acceptable as the photograph of the executant in the bank account is not that of the defacto complainant. 5. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 8.4.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute bonds for B.A.No. 1896 of 2008 4 Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 5 p.m. On 9.4.2008 and 10.4.2008. During this period, the investigators shall be at liberty to interrogate the petitioners in custody and take all necessary steps in connection with the investigation. Thereafter they shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months and subsequently as and when directed by the Investigating Officer in writing to do so. (c) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 8.4.08 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (e) If the petitioners were arrested prior to their surrender on 8.4.2008 as directed in clause (1) above, they shall be released on B.A.No. 1896 of 2008 5 bail on their executing bonds for Rs.50,000/- without any surety undertaking to appear before the learned Magistrate on 8.4.2008. (R. BASANT) Judge tm