IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 Bail Appl..No. 6884 of 2008() ----------------------------- CRIME NO.608/2008 OF HOSDURG POLICE STATION PETITIONR/1ST ACCUSED: ----------------------------- BINDU DOMINIC, AGED 33 YEARS W/O.DOMANIC JAMES, NADUPARAMBIL HOUSE KOLLARAMKODE, KALLAR VILLAGE,HOSDURG TALUK KASARAGOD DISTRICT. BY ADV. SRI.T.K.VIPINDAS RESPONDENT(S): --------------- THE STATE OF KERALA ,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA REPRESENTING .S.H.O.HOSDURG POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6884 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of December,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 420 read with section 34 IPC. According to prosecution, petitioner who is the 1st accused was the owner of an extent of 2.17 acres of land. Out of this, she sold 1 acre of land to a third person. Thereafter, she sold 1.17 acres of land to her husband (A2) on 6-2-2004. She executed a power of attorney holder in favour of her husband for mortgaging the said property for raising a loan from the bank for house construction. Bank advanced a loan of Rs.5 lakhs to 1st accused on 1-10-2004, and Rs.2.5 lakhs later. The 2nd accused was given an overdraft facility of Rs.5 lakhs on 2-3-2005. The bank was cheated in furtherance of common intention of all the accused including the Branch Manager. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. Petitioner was actually cheated by her own husband, against whom she had filed a complaint under section 498A IPC. He is absconding in that proceeding, since non-bailable warrant is issued. What actually transpired was as follows, it is submitted:- BA 6884/08 -2- Petitioner had an extent of 2.17 acres of land in her name. Out of which, 1 acre was sold. Her husband started demanding more dowry and she was forced to execute an assignment deed in his favour, in respect of balance 1.17 acres of land. She executed the document in the year 2003. The husband wanted a house to be constructed in the property. On 10-9-2008 the husband brought some papers for obtaining her signature when she was in the late stage of pregnancy and stated that it was to raise a loan on the property which was assigned to him. He colluded with the Bank Manager and committed the offences and the Bank Manager was suspended. But petitioner was implicated in an offence of cheating. 4. Petitioner was in the late stage of pregnancy at the time of execution of power of attorney. She delivered a child on 4-10- 2004 as evidenced by Annexure-A1. Petitioner is now residing in her parental house and though a house was constructed in 1.17 acres of land, her husband's parents are residing there. Bank filed a complaint against 2nd accused and the proceedings are initiated under the Securitisation Act under the Securitisation Act against 2nd accused's property. In the above circumstances, anticipatory bail may be granted to petitioner, it is submitted. BA 6884/08 -3- 5. Learned Public Prosecutor submitted that petitioner signed power of attorney, making it appear that she had some property in her name, which was to be mortgaged for raising loan. She cannot exonerate from the liability, it is submitted. However, it is conceded that it was executed on 10-9-2004. 6. On hearing both sides, on considering the rival contentions and the documents produced, I find that it is only fit and proper to grant anticipatory bail to petitioner. If the relief is refused, it is likely that petitioner will be arrested and harassed, and she will suffer irreparable injury and loss. 7. Hence, the following order is passed:- (1) Petitioner shall surrender before the Magistrate Court concerned within seven days from today and she shall be released on bail, on her executing a bond for Rs. 10,000/- 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. BA 6884/08 -4- 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.