IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Bail Appl..No. 6611 of 2008() ----------------------------- CRIME NO.397/08 OF BALARAMAPURAM POLICE STATION PETITIONER/ACCUSED 2 AND 3 ---------------------------------------------- 1. RESHMI CHANDRAN, D/O.RAMACHANDRAN NAIR, "RENJINI", KOTTUKAL, PAYATTUVILA POST OFFICE, BALARAMAPURAM, THIRUVANANTHAPURAM. 2. PREMAKUMARI, W/O.RAMACHANDRAN NAIR, -DO- -DO- BY ADV. SRI.G.P.SHINOD RESPONDENT(S): COMPLAINANT/STATE AND INVESTIGATING OFFICER ---------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, AT HIGH COURT OF KERALA AT ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, BALARAMAPURAM POLICE STATION, BALARAMAPURAM, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6611 of 2008 ----------------------------------------- Dated this the 6th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 120B, 409, 381 and 420 of the Indian Penal Code. First accused is a bill collector working in a District Co-operative Bank. Second accused is his daughter and third accused is his wife. Second accused took a loan from the bank to the tune of Rs.2 lakhs and third accused stood as a surety and pledged a property by depositing the title deed. Thereafter, first accused committed theft of the document and the third accused executed a settlement deed in favour of second accused in respect of the same property. These acts were committed in pursuance of a conspiracy and thereby they committed various offences. 3. Learned counsel for petitioners submitted that first accused was arrested and released on bail. Petitioners are women. They have no role in the theft of the sale deed. The limited allegation is that third accused executed a settlement deed in favour of second accused in respect of the property, which is pledged by her in the bank for second accused to raise a loan. Even without the title deed, sale deed can be executed, it is submitted. It is also pointed BA.6611/08 2 out that even if the settlement deed is executed, second accused cannot wriggle out from the liability to pay the amount to the bank, since there will be a charge on the property. It is also submitted that property was settled not in favour of any strangers. There were some allegations that some documents were missing from the bank but first accused is implicated in the offence without any basis. Those documents pertaining to various other persons, who had availed of loan, it is submitted. 4. Learned Public Prosecutor submitted that petitioners had suppressed the fact that the property was mortgaged in favour of the bank while executing the settlement deed. He also submitted that petitioners may be directed to appear before the investigating officer and co-operate with the investigation and subject to that, he has no objection in granting anticipatory bail. 5. On hearing both sides, I am satisfied that anticipatory bail can be granted and the following order is passed: Petitioners shall surrender before the investigating officer within seven days from today and co-operate with the investigation and in the event of their arrest, they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the arresting officer, on the following conditions: BA.6611/08 3 i) Petitioners shall co-operate with the investigating officer as and when directed. ii) Petitioners shall co-operate with the investigation. iii) Petitioners shall not commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.