IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 Bail Appl..No. 259 of 2008() ---------------------------- CRIME NO.195/07 OF KANJIRAMKULAM POLICE STATION PETITIONERS : ACCUSED ------------------------ 1. LALY VARGHESE, LAL VIHAR, PLATHOTTAM, THIRUPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. 2. R.SULOCHANA, D/O. RAJAMMA, V.R.NIVAS, MANGALA, KANJIRAMKULAM, THIRUVANANTHAPURAM DISTRICT. 3. SIVAKUMAR, S/O.RAJAMMA, V.R.NIVAS, MANGALA, KAJIRAMKULAM, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS: STATE/COMPLAINANT: ------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.S.SASIKUMAR, SECRETARY IN CHARGE, KANJIRAMKULAM SERVICE CO-OPERATIVE BANK LTD. NO.3970, KANJIRAMKULAM, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.259 of 2008 ------------------------------------- Dated this the 17th day of January, 2008 ORDER Application for anticipatory bail. Petitioners are the Secretary, the loanee and a convenor of an administrative committee of a Co-operative Society. The loanee allegedly made an application for loan. That application was allowed and loan was released to the said loanee. It is alleged that the loanee at the relevant time had no title over the property which he had pledged before the bank. The subsequent secretary in office filed a private complaint which was referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can be granted anticipatory bail. In the absence of opposition, I am not adverting to facts in any greater detail. I take note of the submissions of the learned Public Prosecutor that the loan has been repaid and the liability has been discharged in full by now. Appropriate conditions can B.A.No.259 of 2008 2 be imposed in the interests of a fair, efficient and expeditious investigation. 3. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioners shall appear before the learned Magistrate at 11 a.m on 24.01.2008. They shall be enlarged on regular bail on their executing bond for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 3 p.m on 25.01.08 and 28.01.08. During that period, the Investigating Officer shall be at liberty to interrogate the petitioners in custody and take all necessary for the proper conduct of the investigation. Thereafter the petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of one month and subsequently the petitioners shall make themselves available for interrogation as and when directed by the Investigating Officer in writing to do so; B.A.No.259 of 2008 3 iii) If the petitioners do 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 petitioners and deal with them in accordance with law as if those directions were not issued at all; iv) If the petitioners were arrested prior to their surrender on 24.01.2008 as directed in clause (1) above, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) each without any sureties undertaking to appear before the learned Magistrate on 24.01.2008. (R.BASANT, JUDGE) rtr/-