IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Bail Appl..No. 1056 of 2008() ----------------------------- CRMP.251/2008 of DISTRICT COURT, KASARAGOD CRIME NO.777/2007 OF KASARAGOD POLICE STATION .................... PETITIONER/2ND ACCUSED --------------------------------------- SHASHIDHARA K.C., AGED 31 YEARS, S/O. CHANDRASEKHARA ACHARYA, RESIDING AT K.M.C. 3/226, ASHOK NAGAR, KASARAGOD POST AND VILLAGE, KASARAGOD DISTRICT-671 121. BY ADV. SRI.K.SHRIHARI RAO SMT.N.SHOBHA RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1056 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of February, 2008 O R D E R Application for anticipatory bail. The petitioner is the second accused. Altogether there are two accused persons. He faces the allegation that he, in collusion with the first accused, had defrauded the bank. The first accused allegedly pledged spurious gold before the bank, of which the petitioner is the appraiser. The petitioner allegedly falsely certified the spurious gold to be real gold. This, it is alleged, was in furtherance of the common intention of accused 1 and 2. The Secretary of the bank detected the fraud. The loan was given on 26.11.2007. The F.I.R. was registered on 29.11.2007. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is innocent. Even an error committed in the assessment of the purity of the gold should not have persuaded the bank and the police to draw a ready inference that the B.A.No. 1056 of 2008 2 petitioner is responsible for the fraud. At any rate, it is pointed out by the petitioner and accepted by the learned Prosecutor that the bank has now suffered no loss, as the entire loan amount has been paid and the account closed. 3. The learned counsel submits that the petitioner shall make himself available for interrogation. Any appropriate conditions may be imposed, but the petitioner may not be subjected to the undeserved trauma of arrest and detention. 4. The learned Prosecutor does not, in the circumstances of the case and subsequent events, oppose the application for anticipatory bail. He only prays that appropriate conditions may be imposed. 5. Having considered all the relevant inputs, I am satisfied that anticipatory bail can be granted to the petitioner, subject to appropriate terms and conditions. 6. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. in favour of the petitioner. B.A.No. 1056 of 2008 3 (a) The petitioner shall surrender before the learned Magistrate on 29.2.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) He shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 1.3.2008 and 3.3.2008. During this period, the investigators shall be at liberty to interrogate the petitioner in custody and take all necessary steps in connection with the investigation. Thereafter he shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so. (c) If the first petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 29.2.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. B.A.No. 1056 of 2008 4 (d) If the first petitioner were arrested prior to his surrender on 29.2.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.50,000/- without any surety undertaking to appear before the learned Magistrate on 29.2.2008. (R. BASANT) Judge tm