IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 Bail Appl..No. 5846 of 2008() ------------------------------------ CRIME NO.708/2008 OF KANNUR TOWN POLICE STATION .................... PETITIONERS/ACCUSED : ------------------------------ 1. MOHAMMED AZEEM.V. S/O. V.C.ABOOBACKER, AGED 44 YEARS, C.P.HOUSE, KAMBIL P.O. KOLACHERY, KANNUR - 670601 2. SIVADASN P. AGED 40 YEARS, S/O. RAGHAVAN, 'SRAVANA' NEAR GOVT SOSPITAL, PAYYANNUR 670307 3. PAVITHRAN.K.P. AGED 43 YEARS, C.V.RAGHAVAN NAMBIAR, CHALIL HOUSE, THILLERI, VIA MATTANNUR, KANNUR. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPPAGATH RESPONDENTS : ------------------- 1. THE STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, KANNUR. 2. STATE OF KERALA, BOTH ARE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/09/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5846 of 2008 ------------------------------------------------- Dated this the 24th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 465, 467, 468 and 471 read with Section 34 IPC. Petitioners are accused nos.2 to 4 in the crime. According to prosecution, petitioners are officials in the Bank and they colluded with the first accused and overvalued the properties and granted loan. For this purpose, petitioners even accepted the application forms, which are not properly filled up. They have direct connection with the fifth accused and huge amount was granted as a loan within a period of three days and the fifth accused who is the Managing Partner of P.A.Traders deposited the amount in the account of P.A.Traders. 3. Learned counsel for the petitioners submitted that the petitioners are only clerical staff who have noting to do with sanctioning of the loan. A departmental enquiry was conducted against the petitioners and they were reinstated after the BA No.5846/08 2 enquiry. The higher officials in the Bank are responsible for granting loan. Petitioners are made an accused after the enquiry is closed. 4. This petition is strongly opposed. Learned public prosecutor submitted that the investigation is at the initial stage. As per the materials now available in the case diary, petitioners have a definite role in the offence. Though they are the clerical staff, they received the loan applications, which are not properly filled up and their interrogation is required for the purpose of an effective investigation in this case. 5. On hearing both sides, considering the nature of allegations made and the nature of involvement of the petitioners in the crime, I am satisfied that they will be required for interrogation. Hence, it is not proper to grant anticipatory bail to the petitioners. The petition is dismissed. K.HEMA, JUDGE csl