IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 Bail Appl..No. 3759 of 2008() ----------------------------- CRIME NO.48/08 OF EZHUKONE POLICE STATION PETITIONER/3RD ACCUSED --------------------------------------- CHANDRASEKHARA PILLAI, MANAGER (RETD.), KOLLAM DISTRICT CO-OP BANK LTD., KOLLAM BRANCH, RESIDING AT `KRISHNA BHAVAN', KUZHIMATHIKKAT MURI, KARIPRA VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.K.V.ANIL KUMAR SRI.C.S.DIAS RESPONDENTS: RESPONDENT/COMPLAINANT ----------------------------------- STATE OF KERALA, REP. BY THE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3759 of 2008 ----------------------------------------- Dated this the 12th day of June, 2008 O R D E R This petition is for anticipatory bail. 2. Petitioner is the third accused in the crime registered under Sections 463, 464, 468 and 471 read with Section 34 of Indian Penal Code. Petitioner is the Branch Manager of a District Co-operative Bank. He retired from service about 10 years back. According to prosecution, accused 1 and 2 forged certain documents and deposited the title deed belonging to the defacto complainant, without her knowledge and availed fo a loan of Rs.4,00,000/- from the Bank with connivance of the Branch Manager, who is the petitioner herein. Accused 4 and 5, who are the employees of the Bank are also involved in the offence. 3. Learned counsel for petitioner submitted that the defacto complainant sold the property which was pledged in the bank for getting loan and when proceedings were initiated against her for the recovery of the amount, a complaint has been given, probably, to wriggle out the liability. Petitioner is totally innocent of the allegations made. He has only countersigned a document, which BA.3759/08 2 was produced by the parties as per the formalities to be complied while granting loan. He has no other involvement. Accused 1 and 4 were granted anticipatory bail by this Court and hence he requests for anticipatory bail. 4. Learned Public Prosecutor submitted that though accused 1 and 4 were directed to appear before the investigating officer while granting anticipatory bail, they have not done so. Hence, if anticipatory bail is granted to the petitioner, it may be on stringent conditions. On hearing both sides, I find that the following bail order can be passed: i) Petitioner shall surrender before the Investigating Officer within ten days from the date of this order and make himself available for interrogation. ii) If the petitioner is arrested, he shall be produced before the Magistrate Court in accordance with law. iii) On production of the petitioner before the Magistrate Court and on filing bail application, if any, the petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on the following conditions: BA.3759/08 3 (a) Petitioner shall report before the investigating officer as and when directed by him. (b) Petitioner shall not tamper with evidence, influence or threaten any witnesses and in case of breach of this condition, bail is liable to be cancelled. (c) Petitioner shall not leave the limits of the police station within which the crime is registered, except with the previous permission of the learned Magistrate. (d) If the petitioner does not appear within the time stipulated above before the investigating officer, this order will automatically get cancelled. This petition is allowed. K.HEMA, JUDGE vgs.