IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 Bail Appl..No. 3278 of 2009 CRIME NO.424 OF 1998 OF MALAPPURAM POLICE STATION PETITIONERS: ACCUSED NOS.1 AND 2: ------------------------------- 1. ABDUL SAMAD KONNOLA S/O.MOIDEENKUTTY HAJI KONNOLA HOUSE, DOWN HILL, MALAPPURAM. 2. YOUSAF KONNOLA S/O.MOIDEENKUTTY HAJI KONNOLA HOUSE, DOWN HILL, MALAPPURAM. BY ADV. SRI.BABU S. NAIR RESPONDENT: STATE: --------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE MALAPPURAM POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI-31 PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3278 OF 2009 ------------------------------------------------------ Dated this the 30th June, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.424 of 1998 of Malappuram Police Station. 2. The offences alleged against the petitioners are under Sections 465, 468, 471 and 419 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons availed a loan from the Malappuram Service Co-operative Bank and Mohammed Hassan was one of the sureties in the said transaction. Since the amount was not repaid, the Bank initiated arbitration proceedings. An award was passed by the Tribunal. The award was challenged by Mohammed Hassan in appeal. The appeal was dismissed. Though a writ petition was filed by one of the sureties against the order of the Tribunal, that writ petition was disposed of as per Annedure B judgment, giving facility for one time settlement. It is submitted by the learned counsel for the petitioner that thereafter, the whole amount due to the Bank was paid by the petitioners and that nothing is due to the Bank as of now. B.A. NO. 3278 OF 2009 :: 2 :: 4. In the meanwhile, a petition was filed by the Joint Registrar of Co-operative Societies before the police stating that the petitioners have committed the offences alleged. The petitioners apprehend their arrest in connection with Crime No.424 of 1998. It is submitted by the petitioners that the case has become sterile as the entire amount due to the Bank was paid and as the sureties were not made liable to pay any amount. 5. The crime was registered in 1998. The subsequent events narrated above would indicate that if the petitioners are arrested and detained at this distance of time, they would be put to great hardship. 6. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; B.A. NO. 3278 OF 2009 :: 3 :: b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/