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. 87 of 2009 ---------------------------------- ( CRIME NO. 334/2008 OF MANJESHWAR POLICE STATION) .......... PETITIONERS/ ACCUSED 1 AND 2: -------------------------------------------------- 1. SAYYED MOHAMMED ASHRAF, AGED 47 YEARS, S/O. SAYYED IBRAHIM, MUHAMMADIYA MANZIL, MANIMUNDA, UPPALA P.O., KASARGODE, 2. SAIRA BANU, AGED 35 YEARS, W/O. SAYYED MOHAMMED ASHRAF, 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. 87 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 1 and 2. According to prosecution, petitioners availed of a loan from the bank. 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 there is only a civil dispute and there is only default in repayment of the loan. The bank has obtained an order from the Debt Recovery Tribunal, but a criminal complaint was also filed to harass petitioners. Offence under section 420 IPC will not strictly be attracted on the facts of this case, 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 Court concerned within seven days BA 87/2009 2 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 himself 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.