IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 Bail Appl..No. 7316 of 2008() ----------------------------- CRIME NO.878/08 OF KOYILANDY POLICE STATION PETITIONERS/ACCUSED:- ----------------------------------------- 1. SUHARA P.V., D/O. SHAFEER .V., PALOONTAKATH VALAPPIL HOUSE, KOYILANDY TALUK. 2. ASOKAN P.K., S/O. ANDY, PUTTOLIKANDY MEETHAL HOUSE, ATHOLI P.O., KOYILANDY TALUK. 3. RAJESH N.V., S/O. RAJAN, NADAR VAYALIL HOUSE, MADAPPALLY VILLAGE P.O., VADAKARA. 4. SUNIL KUMAR P.M, S/O. KANARAKUTTY, RYTHAM HOUSE, MODAKKALLUR P.O., ATHOLI, KOYILANDY TALUK. 5. SUJANAN M.C., S/O. KANARAKUTTY, VADAKKEKOTTAYIL HOUSE ATHOLI P.O., KOYILANDYU TALUK. 6. RAVI P.C., S/O.BALAN, POOLACHALIL HOUSE, KAYANNA P.O., PERAMBRA, KOYILANDY TALUK, 7. GANESAN, S/O. KANARAN, PADIKKALAKANDY HOUSE, ATHOLI, KODASSERY, KOYILNADY TALUK. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, KOYILNADY POLICE STATION. 2. STATE REP. BY PUBIC PORSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7316 of 2008 ----------------------------------------- Dated this the 12th December, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 450, 420, 464 and 471 read with 34 of the Indian Penal Code. According to prosecution, accused forged certain salary certificates purported to be issued by the Kerala Roads and Bridges Service Ltd and all the accused in this case used those forged certificates and stood as sureties for each other and obtained loans to the tune of a total amount of Rs.10 lakhs from the bank and thereby committed the various offences. 3. Learned counsel for petitioners submitted that the third petitioner (second accused) committed suicide after filing of this petition and that 6th and 7th petitioners are not pressing this petition. As far as other petitioners are concerned, they have not committed any offence and they obtained certain loans and were remitting the amounts also. But, when a new Manager came, a false complaint is filed alleging that the certificates are forged. It is also submitted that the loans are BA.7316/08 2 not given on the strength of the salary certificates. It is also submitted that steps are being taken to implicate the former Bank Manager also in the crime as an accused. It is only after perusal of the documents that the bank sanctioned the loan. Therefore, petitioners are absolutely innocent of the allegations made, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that salary certificates were produced by accused and accused 1 and 2 have a specific role in forging the documents and it is not correct to say that the salary certificate has no relevance in the transaction. The accused have stood as sureties for each other on the strength of the salary certificates. It is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, considering the facts of the case, the alleged nature of allegations made, I am satisfied of the submissions made by learned Public Prosecutor. I am not inclined to grant anticipatory bail to petitioners. The crime was registered as early as on 28.10.2008 and petitioners will BA.7316/08 3 be required for interrogation to find out the materials which are in their exclusive knowledge and therefore, it is not a fit case to grant anticipatory bail. Hence, the following order is passed: i) Prayer for anticipatory bail by petitioners 3, 6 and 7 is rejected. ii) Petitioners 1, 2, 4 and 5 are directed to surrender before the investigating officer and co-operate with the investigation without any delay. Whether petitioners surrender or not, police is at liberty to arrest petitioners and proceed in accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.