IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 259 of 2008()
1. LALY VARGHESE, LAL VIHAR, PLATHOTTAM,
... Petitioner
2. R.SULOCHANA, D/O. RAJAMMA,
3. SIVAKUMAR, S/O.RAJAMMA,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. K.S.SASIKUMAR, SECRETARY IN CHARGE,
For Petitioner :SRI.GEORGE POONTHOTTAM
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :17/01/2008
O R D E R
R.BASANT, J
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B.A.No.259 of 2008
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Dated this the 17th day of January, 2008
ORDER
Application for anticipatory bail. Petitioners are the
Secretary, the loanee and a convenor of an administrative
committee of a Co-operative Society. The loanee allegedly made
an application for loan. That application was allowed and loan
was released to the said loanee. It is alleged that the loanee at
the relevant time had no title over the property which he had
pledged before the bank. The subsequent secretary in office filed
a private complaint which was referred by the learned Magistrate
to the police under Section 156(3) Cr.P.C. Investigation is in
progress. The petitioners apprehend imminent arrest.
2. The learned counsel for the petitioner prays, the
learned Public Prosecutor does not oppose the said prayer and I
am satisfied that the petitioners can be granted anticipatory bail.
In the absence of opposition, I am not adverting to facts in any
greater detail. I take note of the submissions of the learned
Public Prosecutor that the loan has been repaid and the liability
has been discharged in full by now. Appropriate conditions can
B.A.No.259 of 2008 2
be imposed in the interests of a fair, efficient and expeditious
investigation.
3. In the result, the Bail Application is, allowed. The
following directions are issued under Section 438 Cr.P.C.
i) The petitioners shall appear before the learned
Magistrate at 11 a.m on 24.01.2008. They shall be enlarged on
regular bail on their executing bond for Rs.50,000/- (Rupees Fifty
thousand only) each with two solvent sureties each for the like
sum to the satisfaction of the learned Magistrate;
ii) The petitioners shall make themselves available for
interrogation before the Investigating Officer between 10 a.m and
3 p.m on 25.01.08 and 28.01.08. During that period, the
Investigating Officer shall be at liberty to interrogate the
petitioners in custody and take all necessary for the proper
conduct of the investigation. Thereafter the petitioners shall
make themselves available for interrogation before the
Investigating Officer between 10 a.m and 12 noon on all Mondays
and Fridays for a period of one month and subsequently the
petitioners shall make themselves available for interrogation as
and when directed by the Investigating Officer in writing to do so;
B.A.No.259 of 2008 3
iii) If the petitioners do not appear before the learned
Magistrate as directed in clause (i), directions issued above shall
thereafter stand revoked and the police shall be at liberty to
arrest the petitioners and deal with them in accordance with law
as if those directions were not issued at all;
iv) If the petitioners were arrested prior to their surrender
on 24.01.2008 as directed in clause (1) above, they shall be
released from custody on their executing a bond for Rs.25,000/-
(Rupees Twenty Five thousand only) each without any sureties
undertaking to appear before the learned Magistrate on
24.01.2008.
(R.BASANT, JUDGE)
rtr/-