IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 Bail Appl..No. 4660 of 2008() ----------------------------- CRMP.6715/2008 of C.J.M.,THRISSUR CRIME NO. 476/2007 OF EAST POLICE STATION, THRICHUR PETITIONER : ACCUSED NO.4:- ----------------- M.V.MAHAMOOD, AGED 49 YEARS, S/O.P.V.IBRAHIM, INDIAN STASR EXPORTS, ANJALY COMPLEX, S.A.ROAD, COCHIN-16. BY ADV. SRI.V.JOHN SEBASTIAN RALPH SMT.PREETHY KARUNAKARAN RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA REP.BY S.I.OF POLICE, EAST POLICE STATION TRICHUR, (CR.NO.476/2007) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY P.P.SRI. SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4660 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of July, 2008 O R D E R Application for bail. 2. The alleged offences are under sections 120(b), 423, 465, 466, 467, 468, 471, 472, 473, 474 and 476 read with section 34 IPC . According to the prosecution, the petitioner supplied false documents, on the strength of which, a loan was availed of by accused 1 and 2 to the tune of about Rs.3 crores from a bank. Documents were forged in the name of fictitious persons. The petitioner received Rs.60 lakhs as remuneration for the alleged act committed by him. 3. This application is strongly opposed. The learned Public Prosecutor submitted that crores of rupees are involved and the bank was cheated by producing forged document. The crime was registered in 2007 and petitioner was not available for arrest for a long period and he was arrested only on 26-3-2008. Accused 1 and 2 are not available for arrest. Investigation can be completed only after the arrest of accused 1 and 2 and investigation is at the preliminary stage. If the petitioner is released on bail at this stage, it will adversely affect the investigation and it is also likely BA 4660/2008 -2- that the petitioner will tamper with the evidence and influence the witnesses, it is submitted. 4. Learned counsel for the petitioner submitted that in the lower court this application was not opposed by the Assistant Public Prosecutor and it was submitted there that bail can be granted on conditions. It was also submitted that the grounds stated by the court below for refusing the bail is not sustainable and petitioner cannot be detained till the arrest of accused 1 and 2. 5. On hearing both sides, I am satisfied that the release of the petitioner, at this stage of investigation and in a nature of this crime, will interfere with an effective investigation into the crime, since accused 1 and 2 who are the main culprits are not arrested so far. The application is dismissed. K. HEMA, JUDGE. mn.