IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4839 of 2008()
1. JOSE JOSEPH, AGED 40 YEARS, S/O JOSEPH,
... Petitioner
Vs
1. STATE OF KERALA, TO BE REPRESENTED BY
... Respondent
For Petitioner :SRI.N.M.VARGHESE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :04/08/2008
O R D E R
K.HEMA, J.
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Bail Application No.4839 of 2008
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Dated this the 4th day of August, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 419 and 420
IPC. According to the prosecution, petitioner availed of a loan
from the Bank by mortgaging his property. But, later it was
understood that the property shown to the bank was a different
property where construction of a building was going on. The
said property did not belong to the petitioner and hence, that
Bank was allegedly cheated. A private complaint was filed by the
Bank before the Magistrate Court and it was forwarded to the
police for investigation under Section 156(3) Crl.P.C. and a
crime was registered against the petitioner. Petitioner
apprehends arrest.
3. Learned counsel for the petitioner submitted that the
petitioner had availed of a loan by mortgaging his property. He
executed a mortgage deed and it was registered also. The
document relating to the property was also pledged with the
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Bank. The officials knew the details of the property which was
actually mortgaged. Petitioner partly repaid the money also.
But, now the petitioner is asked to vacate the house where he is
residing on the allegation that the amount has not been repaid.
Later, a complaint was filed before the JFCM, Idukki stating that
another property was shown by the petitioner, which is highly
probable.
4. Learned public prosecutor submitted that a direction
may be issued to the petitioner to appear before the
Investigating Officer and on such condition, he has no objection
in granting anticipatory bail to him.
Hence, the following order is passed:
(1) The petitioner is directed to surrender before the
Investigating Officer within seven days from the date
of this order and make himself available for
interrogation.
(2) Thereafter, in the event of his arrest, if any, petitioner
shall be released on bail on his executing bond for
Rs.25,000/- with two solvent sureties each for the like
sum to the satisfaction of the arresting officer on the
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following terms and conditions:
(i) Petitioner shall report before the Investigating
Officer as and when directed.
(ii) Petitioner shall co-operate with the
investigation.
The petition is allowed.
K.HEMA, JUDGE
csl