IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 Bail Appl..No. 7379 of 2008() ----------------------------- CRIME NO.708/2008 OF KANNUR POLICE STATION .................... PETITIONER : ----------------------- T.PANKAJAKSHAN, S/O.IMBICHIKUTTAN PHINIX, THAYIKOOTTATHIL HOUSE, KADALUNDI AMSOM, KADALUNDI, KOZHIKODE. BY ADV. SRI.V.S.AFSAL KHAN RESPONDENT(S): --------------- 1. THE STATION HOUSE OFFICE, KANNUR TOWN POLICE STATION. 2. THE STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7379 of 2008 --------------------------------------------- Dated this the 4th December, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, petitioner is the Manager of a Bank. He along with three other Bank officials sanctioned an amount of Rs.1,29,50,000/- to accused nos.6 and 11 to 28 against the property covering an extent of 6.484 acres of land. The property did not fetch any value being a hill, without any road access. But, after sanctioning the loan and disbursing the same, the said amount was deposited in the account of a company, which is run by accused nos. 5 to 8. They also committed forgery and used forged documents as genuine and thereby committed offences under Sections 120B, 406, 409, 420, 465, 466, 467, 468 and 471 read with Section 34 IPC. It is also alleged that accused nos.1 to 4 received an amount of Rs.10 lakh as bribe. 3. Learned counsel for petitioner submitted that petitioner was working as Manager in a Bank and he retired from service in the year 2006. He is absolutely innocent of the allegations made. The other Bank officials verified the documents and put up notes and the Bank Manager only sanctioned the amount. He has not committed any conspiracy or BA No.7379/2008 2 received any amount. Hence, he may be granted anticipatory bail, it is submitted. 4. Learned public prosecutor opposed this bail application and submitted that there is a clear case of forgery and cheating. The property is not worth any amount, but, a huge amount of Rs.1,29,50,000/- was sanctioned as 19 loans and the allegations made against petitioner are serious in nature. 5. On hearing both sides, considering the serious nature of allegations made and the nature of investigation required, I am satisfied that it is not a fit case to grant anticipatory bail. Petitioner would be required for interrogation by the police, to ascertain the materials which are within his exclusive knowledge. Hence, petitioner is directed to surrender before the Investigating Officer within five days from today and he shall co-operate with investigation and make himself available for interrogation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE csl