IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 Bail Appl..No. 79 of 2009(B) --------------------------------------- ( CRIME NO. 332/2008 OF MANJESHWAR POLICE STATION) PETITIONR/ ACCUSED NO.2: ------------------------------------------ FAIROS BANU, AGED 47 YEARS, S/O. B.S. AKBAR, RESIDING AT SHAFATH MANZIL, BAPPAITHOTTY, UPPALA P.O., KASARGOD. BY ADV. SRI.T.G.RAJENDRAN. RESPONDENTS: ----------------------- 1. THE SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. K.S. SIVA KUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 79 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 14th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 420 read with section 34 IPC. Petitioner is 2nd accused. According to prosecution, petitioner availed of a loan from the bank. The loan was sanctioned on the strength of equitable mortgage of a property, but the payment was not effected. 3. Learned counsel for petitioner submitted that there is only a civil dispute and there is only default in repayment of the loan. The bank has obtained an order from the Debt Recovery Tribunal, but a criminal complaint was also filed to harass petitioner. Offence under section 420 IPC will not strictly be attracted on the facts of this case, it is submitted. 4. Learned Public Prosecutor submitted that this is a case where there is no repayment of loan. 5. On hearing both sides, I am satisfied that anticipatory bail can be granted on conditions. Hence, the following order is passed:- BA 79/2009 2 (1) Petitioner shall surrender before the Magistrate Court concerned within seven days from today and they shall be released on bail, on his executing a bond for Rs. 25,000/- with two solvent sureties each, for the like amount, to the satisfaction of the learned Magistrate, on the following conditions:- i) Petitioner shall make himself available for interrogation by the Investigating Officer as and when directed and co- operate with the investigation. ii) Petitioner shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail. This petition is allowed. K.HEMA, JUDGE. mn.