IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 Bail Appl..No. 6923 of 2008() ----------------------------- CRIME NO. 242/2008 OF MALA POLICE STATION PETITIONERS/ACUSED: ------------------------------ 1. RAGHAVAN S/O.EDPARAMBIL THAMBIKUTTY, VALLANCHIRA AMSOM, ALOOR. 2. MALLIKA, W/O. RAGHAVAN VALLANCHIRA AMSOM, ALOOR. BY ADV. SRI.M.N.UNNIKRISHNAN SRI.C.DILIP RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. BY P.P. SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6923 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offence is under section 420 IPC. According to prosecution, petitioners are husband and wife who availed of a loan from the bank and did not repay the amount and the Branch Manager filed a complaint alleging offence of cheating. 3. Learned counsel for petitioners submitted that property mortgaged belongs to both petitioners and the dispute is only of a civil nature and no offence of cheating is involved. 4. Learned Public Prosecutor submitted that petitioners had shown a particular property for availing loan stating that house will be constructed there, but construction was effected in some other property. Petitioners may be directed to surrender before the Investigating Officer and subject to this, he has no objection in granting anticipatory bail. 4. After hearing both sides, I am satisfied that suitable directions can be given. Hence, the following order is passed:- (1) First petitioner shall surrender before the Investigating Officer within seven days from BA 6923/08 -2- today and co-operate with the investigation and in the event of his arrest, he 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 arresting officer, on the following conditions:- i) First petitioner shall co-operate with the investigation. ii) He shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail. (2) Second 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. 25,000/- with two solvent sureties each, for the like amount, to the satisfaction of the the learned Magistrate, on the following conditions:- i) Second petitioner shall co-operate with the investigation. ii) She shall not intimidate or influence any BA 6923/08 -3- witness or tamper with evidence or commit any offence while on bail. This petition is allowed. K.HEMA, JUDGE. mn.