IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 Bail Appl..No. 89 of 2009 ---------------------------------- ( CRIME NO. 331/2008 OF MANJESHWAR POLICE STATION ) ............... PETITIONERS/ ACCUSED 2 AND 3: ------------------------------------------------- 1. M.S. YUNUS RAZVI, AGED 63 YEARS, S/O. BUDAN SAHIB, AILA GATE, UPPALA VILLAGE, UPPALA P.O., KASARGODE. 2. JAMEELA BANU, W/O. YUNUS RAZVI, RESIDING DO..... BY ADV. SRI.T.G.RAJENDRAN. RESPONDENTS/ COMPLAINANT/ STATE: ---------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. K.S. SIVA KUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 89 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 14th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 420 read with section 34 IPC. Petitioners are accused 2 and 3 who are sureties. According to prosecution, 1st accused availed of a loan from the bank and accused 2 and 3 stood as sureties. The loan was sanctioned on the strength of equitable mortgage of a property, but the payment was not effected. 3. Learned counsel for petitioners submitted that petitioners are only sureties. The loan is availed of by 1st accused and action has been taken against him and an order was obtained by the bank from the Debt Recovery Tribunal. The allegation is that the loan amount is not repaid. No offence under section 420 IPC is attracted, it is submitted. 4. Learned Public Prosecutor submitted that this is a case where there is no repayment of loan. 5. On hearing both sides, I am satisfied that anticipatory bail can be granted on conditions. Hence, the following order is passed:- (1) Petitioners shall surrender before the Magistrate BA 89/2009 2 Court concerned within seven days from today and they shall be released on bail, on their executing a bond for Rs. 25,000/- each with two solvent sureties each, for the like amount, to the satisfaction of the learned Magistrate, on the following conditions:- i) Petitioners shall make themselves available for interrogation by the Investigating Officer as and when directed and co-operate with the investigation. ii) Petitioners 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.