IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Bail Appl..No. 6585 of 2011 CRIME NO.433 OF 2011 OF ALATHUR POLICE STATION, PALAKKAD. PETITIONER/ACCUSED NO.1 ------------------------------------------- N.V.ASOKAN,AGED 59 YEARS, S/O.NARAYANAN VAIDYAR, NO.6, 'MITHILA', INDRANI NAGAR, VADAKKANTHARA.P.O, PALAKKAD DISTRICT,PIN-678012. BY ADV. SRI.K.V.SACHIDANANDAN SMT.C.R.DIYA RESPONDENTS: STATE -------------------- 1. S.I.OF POLICE,ALATHUR POLICE STATION, PALAKKAD DISTRICT-680741. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/11/2011, ALONG WITH BA NO. 6612 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NOs. 6585 & 6612 OF 2011 ------------------------------------------------------ Dated this the 29th day of November, 2011 O R D E R These two bail applications filed under Section 438 of the Code of Criminal Procedure by accused Nos.1 and 2 respectively arise out of the same Crime, namely, Crime No.433 of 2011 of Alathur Police Station, Palakkad District. 2. The offences alleged against the petitioners are under Sections 420 and 468 of the Indian Penal Code. 3. The prosecution case is the following:- The members of several Kudumbasree units had opened loan accounts in the branch of the Dhanalakshmi Bank at Kunissery. The first accused, who is the Bank Manager and the second accused, who is a part time employee in the Bank manipulated records to make it appear that loans were taken by the Kudumbasree units and amounts are due from the said Kudumbasree units. For recovery of the amounts, Revenue Recovery Proceedings were initiated. At that juncture, the B.A.Nos.6585 & 6612 OF 2011 :: 2 :: members of the Kudumbasree units raised objections. They made a picketing in front of the bank. The allegation was that the petitioners made false entries and misappropriated a sum of Rupees Ten lakhs forty one thousand and seventy six. They alleged that the Bank Manager and the part time employee executed an agreement shouldering the responsibility and agreeing to pay the amount within three months. 4. The learned counsel for the petitioners submitted that the loans were sanctioned to the Kudumbasree units after complying with all the legal formalities and after getting the necessary permission from the Grama Panchayat. It is stated that all the remittances were credited in the loan account and steps were taken for recovery of the amounts due. Several people made a picketing before the Bank and the petitioners were compelled to sign several blank papers. The agreement referred to above was fabricated to make it appear that the petitioners agreed to repay the amount. The counsel also submitted that on behalf of the first accused, a lawyer's notice was also issued on 24th July, 2011 disputing the agreement and raising a contention that the agreement was fabricated. The learned counsel also submitted that the loanees approached the B.A.Nos.6585 & 6612 OF 2011 :: 3 :: Government and orders were issued permitting them to remit the loan amount in installments. It is submitted that the first installment was paid by the loanees. 5. When the Bail Application came up for admission on 17th November, 2011, the following order was passed: “5. Taking into account the facts and circumstances of the case and the nature of the offences, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 23/11/2011 and 24/11/2011. 6. Post on 29/11/2011. 7. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.433 of 2011 of Alathur Police Station, till 01/12/2011. 8. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioners shall produce a copy of this order before the investigating officer.” B.A.Nos.6585 & 6612 OF 2011 :: 4 :: 6. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 17th November, 2011 has been complied with by the petitioners. 7. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 17th November, 2011 has been complied with by the petitioners, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for `10,000/- (Rupees Ten thousand only) each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioners 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) The petitioners shall appear before the investigating officer for interrogation as and when required; B.A.Nos.6585 & 6612 OF 2011 :: 5 :: c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners 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. These Bail Applications are allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/