IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 Bail Appl..No. 2035 of 2008() ----------------------------- CRIME NO.42/CR/04 OF CBCID PENDING BEFORE THE J.F.C.M-II, THIRUVANANTHAPURAM. : PETITIONER/ACCUSED ----------------------------------- D.S.THANKACHAN, S/O.DASAN, T.C.27/317, VIVEKANANDA NAGAR, URUKULAM, KUNNUKUZHY P.O. THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2035 of 2008 ------------------------------------- Dated this the 3rd day of April, 2008 ORDER Application for anticipatory bail. Petitioner is the 1st accused. Altogether 4 persons are arrayed as accused in a crime registered alleging offences punishable, inter alia, under Sections 468, 471 and 420 I.P.C. The alleged incident took place in 1992. The petitioner had applied to a Co-operative Bank to avail a loan of Rs.10,000/-. He had allegedly produced accused 2 and 3 as guarantors for him in the said loan. He had also produced salary certificates in respect of such sureties/guarantors. Accused 2 and 3 as also accused 4 are employees of the Government Secretariat. Accused 4 is allegedly a relative of the petitioner herein. It is alleged that accused 4 had manufactured false documents which the petitioner had produced before the Bank to mislead the bank to accept accused 2 and 3 as sureties. The said transaction took place in 1992. Crime has been registered long later in 2003. Investigation is now being conducted by the C.B.C.I.D. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The 4th accused is a relative of the petitioner who is employed in the Government Secretariat. At B.A.No.2035 of 2008 2 the request of the petitioner, the 4th accused had made his friends accused 2 and 3 available for the petitioner as guarantors. They had produced their salary certificates also. They are employees of the Secretariat and the salary certificates only show that they are employees and are drawing salary from the Secretariat. In these circumstances, the petitioner innocently and bona fide had offered accused 2 and 3 as sureties/guarantors in the loan transaction. The petitioner had no contumacious or culpable knowledge that the certificates produced by him are forged or fake. In any view of the matter, the petitioner does not deserve to endure the trauma of arrest and detention for that bona fide loan transaction which took place as early as in 1992. Only to coerce the petitioner to wipe off the liability, the bank is resorting to unjustified prosecution, submits the learned counsel for the petitioner. 3. Notice was given. The learned Public Prosecutor, after discussions at the Bar, does not oppose the application. I am satisfied, on a consideration of all the relevant inputs to which I have already made brief reference, that the petitioner can be granted anticipatory bail. 4. In the result, this Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. B.A.No.2035 of 2008 3 i) The petitioner shall appear before the learned Magistrate at 11 a.m on 10.04.2008. He shall be enlarged on regular bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 1 p.m on 11.04.2008. During this period, the Investigating Officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation. Thereafter the petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 5 p.m on all Mondays and Fridays 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 him in accordance with law as if those directions were not issued at all; iv) If the petitioner were arrested prior to his surrender on 10.04.08 as directed in clause (1) above, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) without any sureties undertaking to appear before the learned Magistrate on 10.04.08. (R.BASANT, JUDGE) rtr/-