IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Bail Appl..No. 8128 of 2007() ----------------------------- CRIME NO.736 OF 2007 OF CENTRAL POLICE STATION, ERNAKULAM : PETITIONER/ACCUSED ----------------------------------- UNNIKRISHNAN V.G., AGED 38 YEARS, S/O.GOPALAN, VALIPARAMBIL HOUSE, KAZHIMBRAM P.O., EDAMUTTAM, TRICHUR. BY ADV. SRI.JACOB CHACKO RESPONDENTS: COMPLAINANT ------------------------ SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.8128 of 2007 ------------------------------------- Dated this the 8th day of January, 2008 ORDER Application for anticipatory bail. Petitioner is the 5th accused. Altogether there are 6 accused persons. They face allegations in a crime registered for offences punishable, inter alia, under SectionS 120 B, 468 and 471 I.P.C. 2. The crux of the allegations is that accused 1 and 2 were partners of a firm. They applied for a loan in 2004. They availed a loan with the 3rd accused as a guarantor. He deposited title deeds in respect of a property. The said title deeds belong to one Padmanabhan. The 3rd accused impersonated himself to be the said Padmanabhan and offered himself as a guarantor for accused 1 and 2. The bank was thus misled and defrauded by the said 3rd accused who impersonated himself to be the said Padmanabhan who by then had expired. Accused 4 is the son of the said Padmanabhan and the petitioner, the 5th accused is a friend of the said 4th accused. The petitioner is a friend of the 3rd accused also. The crux of the allegations against the petitioner is that it was he who secured the services of the 3rd accused for B.A.No.8128 of 2007 2 accused 1 and 2 to facilitate the fraud played on the bank. Electoral identity card was forged to make it appear that the 3rd accused is the deceased Padmanabhan. The 3rd accused is not known to any other accused. It is allegedly the petitioner, the 5th accused, who in prosecution of the conspiracy of the accused, secured the services of the 3rd accused to perpetuate this fraud played on the bank. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 3. The learned counsel for the petitioner submits that the petitioner is innocent. He prays that directions under Section 438 Cr.P.C may be issued in favour of the petitioner. The learned Public Prosecutor was given notice. He opposes the application. He submits that the available indications point convincingly to the complicity of the petitioner. There is no reason whatsoever to justify or warrant the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. The petitioner may be directed to surrender before the Investigating Officer or the learned Magistrate and then seek regular bail in the ordinary course, submits the learned Public Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am unable to B.A.No.8128 of 2007 3 perceive any features in this case that can justify or warrant the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. This, I agree with the learned Public Prosecutor, is a fit case where the 5th accused must surrender before the Investigating Officer or the learned Magistrate and then seek regular bail. I find no reason to permit the petitioner to arm himself with an order of anticipatory bail before he surrenders before the Investigating Officer or the learned Magistrate. 5. This application is, in these circumstances, dismissed, but I may hasten to observe that if the petitioner surrenders before the Investigating Officer or the learned Magistrate and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously. (R.BASANT, JUDGE) rtr/-