IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 Bail Appl..No. 7538 of 2007(P) ------------------------------ CR. NO.633/07 OF THRISSUR TOWN EAST POLICE STATION .................... PETITIONER/ACCUSED 1 & 2 ----------------------------------------- 1. PURUSHOTHAMAN, AGED 55 YEARS, S/O.GOPALAN, OZHUKUPURAKKAL HOUSE, KALATHODE DESOM, OLLUKKARA VILLAGE, DESOM AND POST, THRISSUR TALUK. 2. DHANALAKSHMI, AGED 47 YEARS, W/O.PURUSHOTHAMAN, OZHUKUPURAKKAL HOUSE, KALATHODE DESOM & POST, OLLUKKARA VILLAGE, THRISSUR TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU 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 04/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 7538 OF 2007 ------------------------------------------------- Dated this the 4th day of January, 2008 ORDER Application for anticipatory bail. The petitioners are accused 1 and 2. Altogether, there are 4 accused persons. The crime is registered for offences punishable, inter alia, under Secs.406, 420 and 471 of the IPC. The petitioners are husband and wife. The crime is registered on the basis of a complaint filed by the Secretary of a Bank which has been forwarded by the learned Magistrate to the police under Sec.156(3) of the Cr.P.C. Investigation is pending. The petitioners apprehend imminent arrest. 2. The crux of the allegations, it would appear, is that accused 1 and 2 offering their properties as security had availed two different loans each for Rs.1 lakh. They have not made any repayment of such loans. It would appear that the B.A. No. 7538 OF 2007 -: 2 :- Secretary of the Bank had alleged that accused 3 and 4 had offered the same properties as security before another bank. The original title deeds must have been deposited before the bank. If the properties were offered as security, how then were the documents available with A3 and A4 to make pledge the same properties before another bank? 3. The learned Public Prosecutor was requested to take specific instructions on this aspect. The learned Public Prosecutor now submits that except that the repayment has not been made, there can be no further specific allegations against the petitioners. The learned Public Prosecutor submits that accused 3 and 4 had raised loans from another bank on the strength of their documents and not on the basis of documents which the petitioners had pledged before the complainant's bank. 4. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied, in the facts and circumstances narrated above, that the petitioners can now be granted anticipatory bail. 5. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioners shall appear before the learned B.A. No. 7538 OF 2007 -: 3 :- Magistrate having jurisdiction at 11 a.m. on 11/1/08. They shall be released on regular bail on their executing bonds for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 1 p.m. on 14/1/08 and thereafter as and when directed by the Investigating Officer in writing to do so. (iii) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioners and deal with them in accordance with law as if these directions were not issued at all; (iv) If the petitioners were arrested prior to their surrender on 11/1/08 as directed in clause (i) above, they shall be released on their executing bonds for Rs.25,000/- each without any sureties undertaking to appear before the learned Magistrate on 11/1/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge