IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 Bail Appl..No. 3335 of 2009() ------------------------------------- CRIME NO. 401/2009 OF KASARAGOD POLICE STATION PETITIONERS/ACCUSED: ---------------------------------- 1. IBRAHIM MOHAMMED, AGED 29 YEARS, S/O. ABDUL RASAK, R/AT M.M. ROAD, NR. MANNANKUZHI STADIAM, KUDIBALI, UPPALA, KASARAGOD. 2. MRS. SABEENA BANU, W/O. IBRAHIM MOHAMMED, R/AT M.M. ROAD, NR. MANNAKUZHI STADIAM, KUDIBAIL,UPPALA, KASARAGOD. BY ADVS. SRI.T.B.SHAJIMON & SMT.GOVINDU P. RENUKADEVI RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. BY SRI.TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR,J. -------------------------------- B.A. No. 3335 of 2009 ------------------------------------ Dated this the 14th day of July, 2009 O R D E R Petitioners are the accused in Crime No. 401/2009 of Kasaragod Police Station, registered for the offences under Sections 406,420,421,422,423 and 424 of Indian Penal Code. 2. Learned counsel appearing for the petitioners submitted that the allegation against the petitioners is that they did not pay the housing loan of Rs. 11,50,000/- availed from the complainant Bank of Baroda and if at all it is a civil liability and petitioners are to be granted bail. Learned Public Prosecutor submitted that the complaint raised by the Bank is that petitioners availed a loan, showing the property of somebody else with the intention to cheat and in the said circumstances petitioners are not entitled to get Anticipatory Bail. BA.3335/2009 2 3. On hearing the learned counsel for the petitioner and Public Prosecutor, I do not find that custodian interrogation of the petitioners is necessary. In such circumstances, petitioners are entitled to get Anticipatory Bail. 4. In the event of arrest of the petitioners in Crime No. 401/2009 of Kasaragod Police Station, they shall be released on bail on their executing Bond for Rs. 20,000/- each with two solvent sureties each of the like sum to the satisfaction of the investigating officer on the following conditions. 1. The petitioners shall appear before the investigating officer on every Thursdays between 10 A.M. and 12 Noon. 2. They shall not intimidate or influence any witness. 3. They shall not leave the jurisdiction of the Magistrate without permission. BA.3335/2009 3 4. They shall make themselves available for interrogation as and when required. 5. This order will prevail for one month. The petitioners shall appear before the Magistrate and seek Regular Bail within the period. M. SASIDHARAN NAMBIAR,JUDGE ln