IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 Bail Appl..No. 7484 of 2008() ----------------------------- CMP.4589/2008 of J.M.F.C.-I, KANNUR CRIME NO.708/08 OF KANNUR ROWN POLICE STATION PETITIONER(S): ACCUSED: ---------------------------- 1. MUHAMMED NAJIM (A-18), S/O.K.HAMZA, BAKKAL P.O., PALLIKARA, KASARGODE DISTRICT. 2. K.HAMSA (A-19), S/O.SHAIK UKKAS, BAKKAL HOUSE, P.O.PALLIKKARA, KASARGODE DISTRICT. BY ADV. SRI.P.K.MUHAMMED RESPONDENT(S): COMPLAINANT:] ---------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/12/2008, ALONG WITH BA.NOS.7555, 7577 AND 7619/08 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7484 of 2008, B.A.NO.7555 of 2008, B.A.NO.7577 of 2008, B.A.NO.7619 of 2008, B.A.No.7757 of 2008 & B.A.No.7758 of 2008 ----------------------------------------- Dated this the 18th December, 2008 O R D E R These petitions are for bail. 2. The alleged offences are under Sections 120(b), 406, 409, 420, 465, 466, 467, 468 and 471 read with 39 of the Indian Penal Code. According to prosecution, accused 1 to 4, who are Bank employees, advanced huge amount of loan to accused 6 and 11 to 28 on the strength of a title deed relating to a property, which is having a very low value, and with intention to cheat the Bank, the amount was deposited in the account of a firm of which, accused 5 to 8 are partners. Accused 9 and 10 are shareholders in the firm. For the purpose of committing the offence, a criminal conspiracy was hatched and certain documents were forged, in furtherance of common intention. 3. Petitioner in B.A.7618 of 2008 is accused no.16, petitioners in B.A.No.7484 of 2008 are accused nos. 18 and 19, BA.7484/08 & connected cases 2 petitioner in B.A.No.7555 of 2008 is second accused, petitioner in B.A.No.7577 of 2008 is accused no.15, petitioner in B.A.No.7757 of 2008 is accused no.4 and petitioner in B.A.No.7758 is third accused in the crime. 4. Learned counsel for petitioners submitted that accused no.5 is already granted by the Sessions Court. All the petitioners were arrested on 14.11.2008 and they are in custody since then. 5. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioners, but stringent condition may be imposed. 6. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. Hence, bail is granted to petitioners on the following terms and conditions: i) Petitioners shall execute bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioners shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 1 PM until further orders. BA.7484/08 & connected cases 3 iii). Petitioners shall not leave the limits of the police station within which the crime is registered, except with the previous permission of the Magistrate Court concerned. iv) Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petitions are allowed. K.HEMA, JUDGE vgs.