IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 Bail Appl..No. 4253 of 2008() ----------------------------- CRIME NO.164/2007 OF THE CANTONMENT POLICE STATION, THIRUVANANTHAPURAM. PETITIONER/ACCUSED NO.4 ---------------------------------------- MRS.JANAKI SUBRAMANIAN, W/O.SUBRAMANIAN AGED 50 YEARS, T.C.28/1408(2), NEERAZHI COMPOUND, SREEKANTESWARAM, THIRUVANANTHAPURAM - 695 023. BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. SRI.JOSEPH P.ALEX RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4253 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of July, 2008 O R D E R Application for anticipatory bail. 2. The alleged offences are under sections 406, 417, 418, 420, 421, 422, 423, 465, 468, 471 and 120B IPC. According to the prosecution, 1st accused who is the Deputy Divisional Manager of the Oriental Insurance Company and 2nd accused his wife, with the help of the 3rd accused Divisional Manager of the Company, availed of a loan from the Oriental Insurance Company on the strength of a property belonging to accused 1 and 2. Thereafter, on the strength of the same property, a loan is obtained form the HUDCO. The 3rd accused knowingly issued a salary certificate to the 4th accused who is a staff in the same office enabling her to stand as a guarantor for accused 1 and 2 to avail of the loan from HUDCO. The loan was granted on the basis of the title deed as well as the salary certificate of the 4th accused. Therefore, all the accused committed the above said offences. BA 4253/08 -2- 3. According to the learned counsel for the petitioner, the petitioner produced the salary certificate and stood as a guarantor, only because the 1st and 3rd accused are her superior officers. The petitioner being a subordinate staff working in the same office, could not resist the request to stand as a guarantor and she had to oblige. She has not committed any offence, it is submitted. 4. Learned Public Prosecutor submitted that the petitioner may be directed to surrender before the Investigating Officer and co-operate with the investigation and thereafter there is no objection in granting bail to the petitioner. 5. On hearing both sides, the following orders are passed:- 1. Petitioner shall surrender before the Investigating Officer within seven days from the date of this order and make herself available for interrogation. 2. Thereafter, in the event of arrest of the petitioner, if any, she shall be released on bail on her executing a bond for Rs.25,000/- with solvent sureties each for the like amount to the satisfaction of the arresting officer on condition BA 4253/08 -3- that she shall co-operate with the investigation and appear before the Investigating Officer as and when directed. The application is allowed as above. K. HEMA, JUDGE. mn.