IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 Bail Appl..No. 4839 of 2008() ----------------------------- CRIME NO.115/2008 OF IDUKKI POLICE STATION .................... PETITIONER: ------------------ JOSE JOSEPH, AGED 40 YEARS, S/O JOSEPH, CHITTADIYIL HOUSE, RAJAKKAD P.O., IDUKKI DISTRICT. BY ADV. SRI.N.M.VARGHESE SRI.ROY THOMAS RESPONDENT: ------------- STATE OF KERALA, TO BE REPRESENTED BY THE SUB INSPECTOR OF POLICE, IDUKKI POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.4839 of 2008 ------------------------------------------------------- Dated this the 4th day of August, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 419 and 420 IPC. According to the prosecution, petitioner availed of a loan from the Bank by mortgaging his property. But, later it was understood that the property shown to the bank was a different property where construction of a building was going on. The said property did not belong to the petitioner and hence, that Bank was allegedly cheated. A private complaint was filed by the Bank before the Magistrate Court and it was forwarded to the police for investigation under Section 156(3) Crl.P.C. and a crime was registered against the petitioner. Petitioner apprehends arrest. 3. Learned counsel for the petitioner submitted that the petitioner had availed of a loan by mortgaging his property. He executed a mortgage deed and it was registered also. The document relating to the property was also pledged with the BA No.4839/08 2 Bank. The officials knew the details of the property which was actually mortgaged. Petitioner partly repaid the money also. But, now the petitioner is asked to vacate the house where he is residing on the allegation that the amount has not been repaid. Later, a complaint was filed before the JFCM, Idukki stating that another property was shown by the petitioner, which is highly probable. 4. Learned public prosecutor submitted that a direction may be issued to the petitioner to appear before the Investigating Officer and on such condition, he has no objection in granting anticipatory bail to him. Hence, the following order is passed: (1) The petitioner is directed to surrender before the Investigating Officer within seven days from the date of this order and make himself available for interrogation. (2) Thereafter, in the event of his arrest, if any, petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the BA No.4839/08 3 following terms and conditions: (i) Petitioner shall report before the Investigating Officer as and when directed. (ii) Petitioner shall co-operate with the investigation. The petition is allowed. K.HEMA, JUDGE csl