IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 Bail Appl..No. 3860 of 2008() ----------------------------- CRIME NO. 370/2008 OF KASARAGOD POLICE STATION PETITIONER/ACCUSED ----------------------------------- JAYASREE SIVADAS,AGED 39, W/O. SIVADAS, KALLYANAPURA MADOM, ALAMPADY VILLAGE, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT: RESPONDENT/COMPLAINANT ----------------------------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3860 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of June, 2008 O R D E R Application for anticipatory bail. 2. The alleged offences are under sections 420 and 406 IPC. According to the prosecution, the petitioner and her husband borrowed a sum of Rs.5,75,000/- from the bank as loan for construction of a house, but the amount was not repaid. Instead a house was constructed in another property, which was not mortgaged, and showing the said house the loan was raised and thereafter a portion of the mortgaged property was transferred in the name of the petitioner's husband. 3. Learned counsel for the petitioner submitted that the petitioner's husband expired after raising the loan and before the work could be completed. A suit was filed by the bank and Rs.40,000/- was repaid to the bank, which fact is not disputed by the bank, it is submitted. There is only a breach of terms and conditions of the agreement executed for getting the loan as revealed from the plaint, which is marked as Annexure-A1. It is specifically stated therein that the petitioner acted in violation of the terms and conditions of the agreement. BA 3860/08 -2- 4. Though this application is opposed, on hearing both sides and on perusing the records, I am satisfied that anticipatory bail can be granted to the petitioner on the following terms and conditions:- 5. Hence, the following order is passed:- 1. Petitioner shall surrender before the Investigating Officer within seven days from today and make herself available for interrogation. 2. The petitioner shall be released on bail, in the event of her arrest, 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 that she shall co-operate with the investigation and also that she will not tamper with the evidence. The application is allowed as above. K. HEMA, JUDGE. mn.