IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Bail Appl..No. 2060 of 2008() ----------------------------- CRIME NO.529/05 OF CRIME BRANCH CID, ERNAKULAM PETITIONER/ACCUSED ----------------------------------- NIRMALA.K.M., W/O.RAJENDRAPRASAD, KAVUMCHIRA HOUSE, ARAKUZHA, MOOVATTUPUZHA. BY ADV. SRI.ALEXANDER GEORGE SRI.DILIP MOHAN RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, CRIME BRANCH C.B.C.I.D., INTERNATIONAL STADIUM, KALOOR, PALARIVATTOM, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2060 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of April, 2008 O R D E R Application for anticipatory bail. Petitioner is the second accused in a crime registered alleging offences punishable, inter alia, under Sections 420 and 471 I.P.C. Her husband is the first accused. Altogether there are eight accused persons. The crux of the allegations is that the husband of the petitioner had availed a loan from the defacto complainant, a finance company, by making fraudulent representation with the intention of deceiving such company. He had manufactured forged documents in order to facilitate commission of the crime. The precise allegation against the petitioner is that she had signed as a guarantor to the loan transaction between her husband and the defacto complainant. The crime has been registered. Local police conducted the investigation for some time. Now the investigation has been taken over by the CBCID. Petitioner apprehends imminent arrest. B.A.No. 2060 of 2008 2 2. The learned counsel for the petitioner submits that the petitioner is innocent. In any view of the matter, there can be no ready and instant inference of culpability against the petitioner even assuming that all the allegations raised are correct. The learned counsel in these circumstances prays that the petitioner, a woman, who had obliged her husband by signing a loan transaction as a surety/ guarantor, may not be subjected to the trauma of arrest and incarceration. 3. The learned Prosecutor does not oppose the application, but hastens to observe that non-opposition of this application, it may be clarified, cannot confer on the first accused/husband of the petitioner any right to claim regular/anticipatory bail at later stages. I am satisfied that the submission of the learned Prosecutor can be accepted and anticipatory bail can be granted to the petitioner, subject to appropriate terms and conditions. 4. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. B.A.No. 2060 of 2008 3 (a) The petitioner shall surrender before the learned Magistrate on 17.4.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that she executes a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioner shall make herself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 18.4.2008 and 19.4.2008 and thereafter as and when directed by the Investigating Officer in writing to do so. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 17.4.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with her in accordance with law. (d) If the petitioner were arrested prior to her surrender on 17.4.2008 as directed in clause (1) above, she shall be released on bail on her executing a bond for Rs.50,000/- without any surety undertaking to appear before the learned Magistrate on 17.4.2008. (R. BASANT) tm Judge