IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4437 of 2007()
1. V.VIJAYAKUMARAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.BLAZE K.JOSE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :23/07/2007
O R D E R
R. BASANT, J.
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B.A. NO. 4437 of 2007
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Dated this the 23rd day of July, 2007
ORDER
Application for regular bail. The petitioner is the 1st
accused. Altogether, there are four accused persons. A crime
is registered, inter alia, under Secs.420 and 471 of the IPC.
The crux of the allegations is that the de facto complainant is
the owner of an item of property. She had pledged it in a bank
to raise a loan. The 4th accused – the son of the de facto
complainant, had allegedly taken back the document
clandestinely from that bank. The 4th accused obtained the
document from the bank through the 3rd accused – the
Manager of the bank. From A4, the petitioner is alleged to
have obtained the original document. He allegedly wanted to
raise a loan from the bank. The petitioner availed a loan
from another bank. He is the loanee. His
mother-in-law – the second accused is the
B.A. NO. 4437 of 2007 -: 2 :-
surety/guarantor. With the documents of the de facto
complainant, the 2nd accused impersonated herself to be the de
facto complainant . That is how the loan was obtained by the 1st
accused. It is alleged that accused 1 to 4 had acted in collusion.
The crime has been registered. Investigation is in progress.
The petitioner was arrested on 11/7/07. He continues in custody
from that date.
2. The learned counsel for the petitioner prays, the
learned Public Prosecutor does not seriously oppose the said
prayer and I am satisfied, in the facts and circumstances of this
case, that the petitioner, who has been continuing in custody
from 11/7/07, can now be directed to be released on bail subject
to appropriate terms and conditions. None of the co-accused
have been arrested so far, it is submitted. It is further
submitted that the bank before which A1 and A2 have
subsequently obtained loan has initiated steps and the property
has now been attached by the bank. At that juncture only the
de facto complainant allegedly came to know of the fraud played
on her. I am satisfied that the petitioner can be enlarged on bail
subject to appropriate conditions.
B.A. NO. 4437 of 2007 -: 3 :-
3. In the result:
(a) This application is allowed. The petitioner shall be
released on bail on the following terms and conditions:
(i) The petitioner shall not be released from custody on the
strength of this order prior to 30/7/07. The Investigator shall, in
the meantime, make every endeavour to complete the
investigation.
(ii) The petitioner shall execute a bond for Rs.1,00,000/-
(Rupees one lakh only) with two solvent sureties each for the
like sum to the satisfaction of the learned Magistrate.
(iii) The petitioner shall make himself available for
interrogation before the Investigating Officer on all Mondays,
Wednesdays and Fridays between 10 a.m. and 12 noon for a
period of two months from the date of his release and thereafter
as and when directed by the Investigating Officer in writing to
do so.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy// P.S. To Judge
B.A. NO. 4437 of 2007 -: 4 :-
3. In the result:
(a) The application is allowed.
(b) The petitioner shall be released on bail on the following
terms and conditions:
(i) The petitioner shall execute a bond for Rs.25,000/- with
two solvent sureties each for the like sum to the satisfaction of
the learned Magistrate.
(ii) The petitioner shall make himself available for
interrogation before the Investigating Officer on all Mondays and
Fridays between 10 a.m. and 12 noon until the final report is
filed.
(R. BASANT, JUDGE)
Nan/