IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3278 of 2009()
1. ABDUL SAMAD KONNOLA
... Petitioner
2. YOUSAF KONNOLA
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :30/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 3278 OF 2009
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Dated this the 30th June, 2009
O R D E R
This is an application for anticipatory bail under Section 438 of the
Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in
Crime No.424 of 1998 of Malappuram Police Station.
2. The offences alleged against the petitioners are under Sections
465, 468, 471 and 419 read with Section 34 of the Indian Penal Code.
3. The prosecution case is that the accused persons availed a loan
from the Malappuram Service Co-operative Bank and Mohammed Hassan
was one of the sureties in the said transaction. Since the amount was not
repaid, the Bank initiated arbitration proceedings. An award was passed
by the Tribunal. The award was challenged by Mohammed Hassan in
appeal. The appeal was dismissed. Though a writ petition was filed by
one of the sureties against the order of the Tribunal, that writ petition was
disposed of as per Annedure B judgment, giving facility for one time
settlement. It is submitted by the learned counsel for the petitioner that
thereafter, the whole amount due to the Bank was paid by the petitioners
and that nothing is due to the Bank as of now.
B.A. NO. 3278 OF 2009
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4. In the meanwhile, a petition was filed by the Joint Registrar of
Co-operative Societies before the police stating that the petitioners have
committed the offences alleged. The petitioners apprehend their arrest in
connection with Crime No.424 of 1998. It is submitted by the petitioners
that the case has become sterile as the entire amount due to the Bank
was paid and as the sureties were not made liable to pay any amount.
5. The crime was registered in 1998. The subsequent events
narrated above would indicate that if the petitioners are arrested and
detained at this distance of time, they would be put to great hardship.
6. Taking into account the facts and circumstances of the case,
the nature of the offence and other circumstances, I am of the view that
anticipatory bail can be granted to the petitioners. There will be a
direction that in the event of the arrest of the petitioners, the officer in
charge of the police station shall release them on bail on their executing
bond for Rs.25,000/- each with two solvent sureties for the like amount to
the satisfaction of the officer concerned, subject to the following
conditions:
a) The petitioner shall appear before the investigating officer
for interrogation as and when required;
B.A. NO. 3278 OF 2009
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b) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;
c) The petitioner shall not commit any offence or indulge in any
prejudicial activity while on bail;
d) 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/