IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 Bail Appl..No. 4608 of 2010() ---------------------------------------- CRIME NO.112/2010 OF PEROORKADA POLICE STATION, THIRUVANANTHAPURAM. .................... PETITIONERS/A3 & A4 --------------------------------------- 1. GANESHAN, S/O.AYYAPPAN ASSARI, T.C.41/461, SREEPADAM, MANACAUD, THIRUVANANTHAPURAM (A3). 2. MUTHUKUMAR, S/O.ARUMUKHAM, T.C.4/1245, THASHEVILAKATHU VEEDU, KURIYATHI, THIRUVANANTHAPURAM (A4). BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): ------------------------- THE SUB INSPECTOR OF POLICE, PEROORKADA POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V. RAMKUMAR, J. ================ Bail Application No. 4608 of 2010 =================== DATED: 5th day of August, 2010 O R D E R Petitioners, who are accused Nos.3 and 4 in Crime No.112/2010 of Proorkada Police Station registered for an offence punishable under Section 420 read with 34 IPC, seek anticipatory bail. 2. The case of the prosecution is that on the strength of a loan for Rs.4,16,362/- availed of by the 1st accused from the Nalanchira Branch of the SBT for purchasing a Maruti Swift car from Popular Vehicles and Services, Thiruvananthapuram, the 4th accused, who is a friend of the 1st accused purchased a Maruti Star VXI bearing Registration No.KL-01-AX-1412 and the 2nd accused applied for another loan in which the 3rd accused stood as surety to purchase a Maruti Swift car, which was not sanctioned on account of the cheating committed by the 1st accused. 3. Since the aforementioned Maruti Star VXI is now in possession of the 2nd petitioner (4th accused) without having any privity of contract with the bank in question, he can be granted regular bail by the Magistrate only if he executes an agreement with the said bank for repayment of the loan in instalments. Accordingly, this petition is disposed of directing the Bail Application No. 4608 of 2010 -:2:- 4th accused (2nd petitioner) to execute an agreement with the aforesaid Bank for the repayment of the loan in respect of the said vehicle in instalments and thereafter apply for regular bail before the J.F.C.M Court-II, Thiruvananthapuram. In case the 2nd petitioner complies with the above condition, the J.F.C.M Court-II, Thiruvananthapuram shall enlarge him on bail on appropriate conditions. The 1st petitioner (3rd accused) may apply for regular bail before the Magistrate within two weeks from today. In case he files such an application, the same shall be considered and disposed of preferably on the same date on which it is filed. Forward a copy of this order to the J.F.C.M Court-II, Thiruvananthapuram for information and compliance. V.RAMKUMAR, JUDGE dmb