IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 Bail Appl..No. 6709 of 2008() ------------------------------------- CRIME NO.1134/2008 OF MUVATTUPUZHA POLICE STATION .................... PETITIONERS/ACCUSED NO.2 & 3: ------------------------------------------------ 1. V.K.BABU, AGED 39 YEARS, S/O.KARIM RAWUTHER, VELLAKKOTTU HOUSE, RAMAMANGALAM KARA, MARADY VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. 2. MOHANAN NAIR, AGED 39 YEARS, S/O.BALAKRISHNAN NAIR, VADACKEMANACKATHOTTATHIL HOUSE, NORTH MARADY KARA, MARADY VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. BY ADV. SMT.P.P.STELLA SRI.BIJIMON C.CHERIAN RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, MUVATTUPUZHA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6709 OF 2008 ------------------------------ Dated this the 4th day of November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 468, 120B, 420 read with Section 34 of I.P.C. According to prosecution, the first accused obtained a loan by mortgaging his property in the year 2004. Thereafter, suppressing this mortgage in favour of the bank, he sold the property to the second accused and the second accused sold it to the third accused and the third accused sold it to the fourth accused. All the sales were effected in pursuance of a conspiracy. They allegedly cheated the bank. 3. Learned counsel for petitioners submitted that defacto complainant has been depositing loan amount and there is no default. If at all, there is any default the bank has liberty to proceed against the property which was mortgaged but that has not been done so far. The Manager had advanced educational loan for the daughter of the first accused without any collateral security, but the first accused did not pay back B.A.6709 of 2008 2 the loan amount. Therefore to coerce the first accused to pay the amount, the petitioners are also made accused in this case. The petitioners are absolutely innocent of the allegations made. They are not aware of the transaction in favour of the bank, it is submitted. It is also submitted that offence of cheating will not be attracted as per the allegations made. 4. Learned Public Prosecutor submitted that petitioners may be directed to surrender before the Investigating Officer and co-operate with the investigation and subject to this, he has no objection in granting anticipatory bail to the petitioners as accused nos.2 and 3. On hearing both sides, I am also satisfied that the petitioners can be granted anticipatory bail on conditions. Hence, the following order is passed : 1. The petitioners shall surrender before the Investigating Officer within seven days from today and they shall co-operate with the investigation. 2. If the petitioners are arrested, they shall be released on bail on their executing bond for B.A.6709 of 2008 3 Rs.25,000/- each with two solvent sureties each for like sum to the satisfaction of arresting officer on the following conditions: i. Petitioners shall report before the Investigating Officer as and when directed and co-operate with the investigation. ii. Petitioners shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac