IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 Bail Appl..No. 419 of 2009() ---------------------------------- CRIME NO.359/2008 OF MANJESHWAR POLICE STATION PETITIONER/ ACCUSED : ------------------------------ MEHRUNNUISA, AGED 36 YRS, W/O.NIZAR AHAMED,"NIZAR MANZIL",BAPPAITHOTTY, UPPALA VILLAGE,KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA REP BY INSPECTOR OF POLICE MANJESHWAR POLICE STATION,REP BY THE P.PROSECUTOR,ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.419 OF 2009 -------------------------------- Dated this the 2nd day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 418, 420 read with 34 of I.P.C. According to prosecution, first accused took a loan of Rs.8 Lakhs from a bank and petitioner, who is his wife (second accused) stood as surety. The property was mortgaged but the loan was not repaid and the understanding was that the house will be constructed in the property mortgaged to the bank. But the building was not constructed in the said property and hence, the complaint. 3. Learned counsel for petitioner submitted that the bank used to disburse the money stage by stage, only after being confirmed that the building is constructed in the property, which is mortgaged. It is not correct to say that the building is not constructed in the property, which is mortgaged. It is also submitted that a civil suit is filed by the bank and it is decreed. Only because there is a default in repayment, a complaint of this nature is filed. B.A.No.419 of 2009 2 On hearing both sides, I am satisfied that anticipatory bail can be granted and the following order is passed : Petitioner shall surrender before the Magistrate court concerned within seven days from today and she shall be released on bail on her executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions : i) Petitioner shall report before the Investigating Officer as and when directed. ii) Petitioner shall not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac