IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 Bail Appl..No. 7706 of 2008 ------------------------------------- (CRIME NO. 345/08 OF MANNUTHY POLICE STATION) .................... PETITIONERS/ ACCUSED 1 AND 2: ------------------------------------------------- 1. K.B. THANKAPPAN, S/O. BALAN, AGED 37 YEARS, KARUMATHIL HOUSE, MANNUTHY.P.O. 2. AMBILY, W/O.K.B. THANKAPPAN, AGED 32 YEARS, KARUMATHIL HOUSE, MANNUTHY.P.O. BY ADVS. SRI.C.A.CHACKO, SMT.C.M.CHARISMA, SRI.N.A.SHAFEEK. RESPONDENT/ COMPLAINANT: --------------------------------------------- THE STATE OF KERALA, REPRESENTING S.I OF POLICE, MANNUTHY, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7706 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 420, 421, 423, 465, 468 and 471 read with section 34 IPC. According to prosecution, petitioners (A1 and A2) in furtherance of common intention forged encumbrance certificate for the purpose of raising loan from the bank and the property was subsequently transferred to another person after obtaining the loan. The property was also attached by the court, which was also suppressed from the bank. After obtaining Rs.25 lakhs as loan, the payments were not effected and therefore, on enquiry made, the bank found commission of various offences. 3. Learned counsel for petitioners submitted that petitioners have been paying the amount and a total amount of Rs.13.75 lakhs were already paid to the bank and they did not default payment. Therefore, anticipatory bail may be granted. 4. This petition is opposed. Learned Public Prosecutor submitted that the allegations made against petitioners are serious in nature and hence, it is not a fit case to grant anticipatory bail. BA 7706/08 -2- 5. On hearing both sides, I am satisfied that there is no special circumstances, which warrant this Court to invoke section 438 Cr.P.C. to grant anticipatory bail. In the nature of the allegations made, I am not inclined to grant anticipatory bail. 6. The crime was registered as early as on 2-8-2008 and petitioners have not surrendered before the court or before the police. Hence, petitioners are directed to surrender before the Magistrate court concerned or before the police without any delay and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.