IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Bail Appl..No. 6479 of 2008(F) ------------------------------------ CRIME NO.476/2007 OF THRISSUR TOWN EAST POLICE STATION PETITIONER/PETITIONER/IST ACCUSED (IN CUSTODY) : ---------------------------------------------------------------------- MUHAMMED ASLAM, AGED 57, S/O.KUNJUMUHAMMED, MADATHIPARAMBIL HOUSE, NATTIKA, THRISSUR. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT/RESPONDENT/COMPLAINANT : ------------------------------------------------------- STATE OF KERALA, (DEPUTY SUPERINTENDENT OF POLICE, THRISSUR) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.6479 of 2008 ------------------------------------------------- Dated this the 24th day of October, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 120(B), 420, 423, 465, 466, 467, 468, 471, 472, 473, 474 and 476 read with Section 34 IPC. According to prosecution, petitioner and second accused hatched a conspiracy with the other accused and by creating forged documents obtained loan from the bank. Accordingly, Rs.2.94 crores was advanced as loan from the defacto complainant bank on production of forged title deeds which are created by A4 to A8. Though the property covered by the title deed is not in existence, an extent of property was shown to the Bank officials, the loan was obtained by the first and the second accused. There was also a surety for getting the loan. But, it was a fictitious person and the third accused personated himself as such person. A4 obtained Rs.60 lakhs and accused nos. 5 to 8 obtained Rs.30 lakhs as commission for the transaction. 3. Learned counsel for the petitioner submitted that the petitioner was arrested on 18.8.2008 and he is in custody for the BA No.6479/08 2 past 68 days. It is also submitted that he is in a very bad physical condition and a surgery is recommended by the doctors at the Medical College Hospital, Thrissur. He has to undergo an immediate surgery failing which it will detrimental to his health, it is submitted. The medical certificates are also produced. 4. Learned public prosecutor strongly opposed this bail application and submitted that the first accused is the master brain behind the entire transaction. The second accused has not been so far arrested. The arrest of the accused was difficult and it is pointed out that this court had occasioned to consider anticipatory bail application filed by the fourth accused and he was directed to appear in court and he was arrested on direction by this court. In such circumstances, if the petitioner is granted bail, it will adversely affect the investigation. However, taking into consideration, the physical state of the petitioner, it may be decided whether bail can be granted or not, it is submitted. 5. On hearing both sides, on considering the physical state of the petitioner, I find that bail can be granted to the petitioner on stringent conditions. It is made clear that the only ground to grant bail is the medical ground. BA No.6479/08 3 Hence, the following order is passed: (i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall produce before the Magistrate Court, a medical report after one month from the date of this order and thereafter, he will report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not leave the limits of Thrissur Sessions division except with prior permission of the learned Magistrate. (iv) Petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl