IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 8364 of 2011() ----------------------------- IN CRIME NO.245/2011 OF CHERUTHURUTHY POLICE STATION PETITIONER(S): 4TH ACCUSED -------------------------------------------- PRINCE V.P., S/O.PAILI, AGED 48 YEARS, VAZHAKALAYIL HOUSE, CHERUTHURUTHY VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, CHERUTHURUTHY POLICE STATION, CHERUTHURUTHY- 679531, THRISSUR DISTRICT. BY PUBLIC PROSECUTOR SRI. R. RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS K.T.SANKARAN, J. --------------------------------- B.A.No. 8364 OF 2011 --------------------------------- Dated this the 23rd day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is accused No.4 in Crime No.245 of 2011 of Cheruthuruthy Police Station, Thrissur District. 2. The offences alleged against the petitioner are under Sections 120-B, 405 and 465 read with 34 of the Indian Penal Code. 3. The prosecution case is the following: Accused Nos.1 to 3 availed industrial loan to the tune of `1 Crore(Rupees One Crore only) for the purpose of running a hotel and bakery. The loan was availed from the District Co-operative Bank, Thrissur. As security for the loan, immovable properties were mortgaged. The allegation is that B.A.No. 8364 OF 2011 2 accused Nos.1 to 4 conspired together and without disclosing the existence of the loan and the mortgage, the property mortgaged to the bank was assigned to accused No.4. 4. There is no case for accused No.4 that he was cheated by accused Nos.1 to 3. When a property is mortgaged, and if that property is sold by the mortgagor, the purchaser takes the property only subject to the mortgage. 5. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for `10,000/-(Rupees Ten thousand only) 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. 8364 OF 2011 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. E) 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. cms