IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 Bail Appl..No. 1496 of 2008(M) ------------------------------ CRIME 731/07 OF TOWN EAST POLICE STATION, THRISSUR PETITIONER/ACCUSED ----------------------------------- M. VANAJA, AGED 57 YEARS MANNISSERY HOUSE, MARAR LANE, THRISSUR BY ADV. SRI.K.RAKESH ROSHAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY S.I.OF POLICE THRISSUR,TOWN EAST POLICE STATION THRISSUR. REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA.,COCHIN. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1496 OF 2008 F ```````````````````````````````````````````````````` Dated this the 11th day of March, 2008 O R D E R Application for anticipatory bail. Petitioner, a woman, faces allegations in a crime registered for offences punishable, inter alia, under sections 420 and 471 IPC. The de facto complainant is the Secretary of a Co-operative Bank. The petitioner had availed a loan from the said Bank. As sureties she had produced three persons who, in turn, had produced employment certificates to show that they can be accepted as sureties. The loan was not repaid promptly. Thereupon the Bank took steps to trace the sureties. It was realised that such an establishment as shown in the salary certificates was not functioning now. It would appear that the postal authorities informed the de facto complainant that such an establishment was functioning earlier but it is not now functioning. The learned Public Prosecutor also fairly points BA.1496/08 : 2 : out that before granting loan the de facto complainant had addressed letters to the office which issued the salary certificates of the sureties and had got the confirmation that they were so employed. The learned Public Prosecutor submits that the investigators suspect the genuineness of the certificates and whether any such establishment did really exist. 2. The learned counsel for the petitioner submits that the apprehension of the de facto complainant which has been followed by the police also does appear to be most unjustified. There was such an establishment and salary certificates were issued by the persons responsible in such establishment. The de facto complainant Bank had after prior verification only granted loan to the petitioner accepting the said sureties. Merely because the loan is in default and because the letters addressed to the said establishment now have been returned, it cannot be assumed that there was any contumacious involvement at the time when the loan was availed. In these BA.1496/08 : 3 : circumstances, anticipatory bail may be granted to the petitioner, it is prayed. 3. The learned Public Prosecutor does not oppose the application. He submits that investigation is in progress to ascertain the genuineness of the salary certificates initially issued. Appropriate conditions may at any rate be insisted, submits the learned Public Prosecutor. 4. I am satisfied, in the circumstances referred above, that anticipatory bail can be granted to the petitioner. In the absence of opposition by the learned Public Prosecutor, I am not adverting to the facts in any greater detail in this order. 5. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 17.3.2008. She shall be released on regular bail on condition that she executes a bond for Rs.25,000/-(Rupees twenty five thousand BA.1496/08 : 4 : only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make herself available for interrogation before the investigating officer between 10 a.m and 5 p.m on 18.3.08. Thereafter, she shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of one month and subsequently as and when directed by the investigating officer in writing to do so. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with her in accordance with law, as if these directions were not issued at all. (iv) If she were arrested prior to 17.3.2008, she shall be released from custody on her executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 17.3.2008. (R.BASANT, JUDGE) aks