IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 Bail Appl..No. 9526 of 2011 CRIME NO.630 OF 2011 OF POONTHURA POLICE STATION, THIRUVANANTHAPURAM. PETITIONER/ ACCUSED ------------------------------------------ SINDHU, D/O. SARASWATHY,AGED 41, T.C. 48/1266, ASWATHY BHAVAN, MOONNATT MUKKU, AMBALATHARA WARD, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.AJITH KRISHNAN SRI.T.NARAYANAN KUTTY NAIR RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9526 of 2011 ------------------------------------------------------ Dated this the 21st day of December, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.630 of 2011 of Poonthura Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Sections 465, 468, 471 and 511 of 420 of the Indian Penal Code. 3. The prosecution case is that the petitioner approached the Bank of India for a housing loan of Rupees One lakh and for that purpose, she produced possession certificate, location sketch etc. of her property. Those documents were found to be forged. The allegation is that the petitioner produced those documents as if they were genuine documents. The petitioner stated before the investigating officer that she engaged one Thankappan Asari to get the possession certificate and other documents and gave the Bail Appl. NO.9526 of 2011 :: 2 :: necessary documents for the same. It is stated that Thankappan Asari probably might have done the mischief. 4. When the Bail Application came up for admission on 12th December, 2011, the following order was passed: “4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 16th and 17th December, 2011. 5. Post on 21st December, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.630 of 2011 of Poonthura Police Station, till 23.12.2011. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” Bail Appl. NO.9526 of 2011 :: 3 :: 5. It is submitted by the learned counsel for the petitioner that the direction in the order dated 12th December, 2011 has been complied with by the petitioner. 6. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 12th December, 2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release her on bail on her executing bond for `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; Bail Appl. NO.9526 of 2011 :: 4 :: d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/