IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 Bail Appl..No. 4109 of 2009 CRIME NO.462 OF 2009 OF TOWN EAST POLICE STATION APPLICANT: ACCUSED --------------------------- ARAVINDAKSHAN K, KALLANCHOLAYIL HOUSE, KIZHAKKUMBATTU KARA, KIZHAKKE KOTTA, THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE, TOWN EAST POLICE STATION, THRISSUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4109 OF 2009 ------------------------------------------------------ Dated this the 11th August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.462 of 2009 of Town East Police Station. 2. The offences alleged against the petitioner and the other accused are under Sections 406, 409, 467 and 420 read with Section 34 of the Indian Penal Code. 3. The first accused was working as an appraiser in Thrissur Town Co-operative Credit Society Limited. The prosecution case is that the first accused pledged ornaments in the Bank on 48 occasions, as if the ornaments were gold ornaments, and obtained a sum of Rs.6,95,900/-. Similarly, he also managed to pledge rolled gold ornaments on several occasions in the names of his brothers-in-law, who are accused Nos.3 and 4, and managed to get huge amounts from the Bank. The petitioner, the second accused, is not related to the first accused. It is alleged that loan was taken in the name of the second accused as well. The second accused says that he was unaware of the said incident and he has never B.A. NO. 4109 OF 2009 :: 2 :: taken any loan from the Bank nor did he pledge any ornaments. According to him, if at all any such records were created, it could only be at the instance of the first accused. 4. As per the order dated 3.8.2009 in B.A.No.4240 of 2009, the request for anticipatory bail was denied to accused Nos.3 and 4. 5. The position of the petitioner is different. He is a stranger. He has got a case that he has never pledged any ornaments or received any amount. The prosecution has to prove that it was the second accused who pledged the ornaments. 6. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; B.A. NO. 4109 OF 2009 :: 3 :: b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/