IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4396 of 2008()
1. K.P.S. JAYAN,AGED 49 YEARS,
... Petitioner
2. MURALIDHARAN, AGED 41 YEARS,
Vs
1. STATE REPRESENTED BY
... Respondent
2. THE STATION HOUSE OFFICER,
For Petitioner :SRI.M.B.PRAJITH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :21/07/2008
O R D E R
K.HEMA, J.
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Bail Application No.4396 of 2008
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Dated this the 21st day of July, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 420, 465,
467, 468 and 471 read with Section 120(B) of IPC. According to
the prosecution, the first petitioner was engaged in a business in
exporting and importing of gold ornaments. The defacto
complainant was engaged in purchasing gold and manufacture of
ornaments and thereafter, he supplied the same to various
business concerns. On 15.10.2003, an agreement was executed
between the defacto complainant and the first petitioner that gold
ornaments will be imported by the petitioner on the guarantee
given by the defacto complainant for Rs.20 lakhs before the
Bank. It was also agreed that after one year, the amount will be
paid by the first petitioner and the documents will be redeemed
from the Bank. On these terms, the property of the defacto
complainant having an extent of 2 acre 17 cents were mortgaged
before the Canara Bank main branch. Various other properties
were also mortgaged as guarantee. But the documents were not
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redeemed in spite of expiry of the period. On enquiry, it is
understood that instead of Rs.20 lakhs, the petitioners have
fraudulently raised an amount of Rs.1 Crore 14 lakhs by creating
false documents in collusion with the Bank officials. A complaint
was lodged by the defacto complainant before the police based
on which a crime was registered.
3. Learned counsel for the petitioners submitted that
there are civil suits between the petitioners and the defacto
complainant relating to money transactions. The present
complaint is lodged only with a view to pressurise the petitioners
to settle the civil dispute, it is submitted. It is pointed out that
when there was an apprehension of arrest on the basis of a
complaint lodged by the defacto complainant, first petitioner
moved B.A.No.3384/2007 before this Court and it was submitted
by learned public prosecutor that no crime was registered against
the petitioner and that he was only summoned in connection with
an enquiry in a petition filed by the defacto complainant.
Anticipatory bail application was disposed of and the defacto
complainant withdrew that petition. Subsequently, the present
complaint is lodged with a view to harass the petitioner with the
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help of the police, it is submitted.
4. On hearing both sides, it appears that as per the
allegations, the bank officials have created false documents by
obtaining the petitioners signature from various documents for
raising Rs.1 crore 14 lakhs as against Rs.20 lakhs which the
defacto complainant had agreed to raise. It also appears that
this is an offshoot of a series of civil disputes and violation of an
agreement executed between the parties.
I heard the learned counsel for the defacto complainant and
the learned public prosecutor also. Counsel for the defacto
complainant submitted that there are materials to incriminate the
petitioner and in case, if bail is granted, the petitioners will leave
the country and they will not be available for trial.
In such circumstances, I find that anticipatory bail can be
granted to the petitioners on conditions.
Hence, the following order is passed:
(1) The petitioners shall surrender before the Investigating
officer within seven days from today and make themselves
available for interrogation.
(2) Thereafter, in the event of arrest of the petitioners, if
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any, they shall be produced before the Magistrate court
concerned in accordance with law.
(3) On production of the petitioners before the Magistrate
court concerned, they shall be released on bail on their
executing bond for Rs.50,000/- each with two solvent
sureties each for the like sum to the satisfaction of the
Magistrate court on the following conditions:
(i) The petitioners shall report before the Investigating
officer as and when directed.
(ii) The petitioners shall co-operate with the investigation.
(iii) The petitioners shall not leave the Kerala State except
with the prior permission of the learned Magistrate.
(iv) The petitioners shall surrender before the passport, if
any, before the Magistrate court concerned within
seven days from release of the petitioners on bail.
(v) The petitioners shall not tamper with evidence
influence or threaten any witness while on bail.
The petition is allowed.
K.HEMA, JUDGE
csl