IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 Bail Appl..No. 483 of 2009(A) ----------------------------------- CRIME NO.708/2008 OF THE KANNUR TOWN POLICE STATION PETITIONER/ACCUSED NO.17 : ------------------------------------- SMT.KHAIRUNNISSA ,W/O. HAMSA BEKKAL HOUSE, P.O.PALLIKKARA, KAZARGODU DISTRICT. BY ADV. SRI.P.K.MUHAMMED RESPONDENT/COMPLAINANT : ------------------------------------ THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.483 OF 2009 -------------------------------- Dated this the 3rd day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 120(B), 406, 409, 420, 465, 468, 471 read with 39 of I.P.C. According to prosecution, accused nos.1 to 4 are bank officials and they, in conspiracy with the other accused and, in furtherance of common intention gave 19 loans to accused nos.6, 11 to 28 to the tune of Rs.1,29,50,000/-. The loans were sanctioned and disbursed and the amount was deposited in the accounts of accused nos.5 to 8. For the purpose of obtaining loan, bogus and forged documents were produced. The property which is mortgaged to obtain loan is situated in a hilly and deserted place and it is actually did not fetch the proportionate value. 3. Learned counsel for petitioner submitted that petitioner is a house wife and she is innocent of the allegations made and she may be granted anticipatory bail. It is also submitted by him that accused nos.18 and 19 are granted bail. 4. This petition is opposed. Learned Public Prosecutor B.A.No.483 of 2009 2 submitted that petitioner is the seventeenth accused, to whom huge amount of loan was sanctioned and she had obtained the amount also and thereafter, it was transferred to the account of accused nos. 5 to 8. Accused nos.18 and 19 are the son and husband of petitioner. They are also involved in the offence. It is not a fit case to grant anticipatory bail, it is submitted. On hearing both sides, considering the serious nature of the allegations made, I am satisfied that it is not a fit case to grant anticipatory bail. The granting of regular bail to co-accused by itself is not a ground to grant anticipatory bail. Petitioners are bound to surrender before the Investigating Officer or the Magistrate court concerned and co-operate with the investigation. Hence, the following order is passed : i) Petitioner shall surrender before the Magistrate court concerned or before the police and co-operate with the investigation. Whether she surrenders or not, the police is at liberty to arrest her and proceed in accordance with law. B.A.No.483 of 2009 3 ii) No further application for anticipatory bail in this crime by petitioner will be entertained before this court. The petition is dismissed. K.HEMA, JUDGE pac