Application filed under Section 438 of the Code of Criminal Procedure.
2. Petitioner is the accused in Crime No.157 of 2010 of the Vellathooval Police Station, now CBCID Crime No.142/CR/OCWII/EKM/2013, registered for the offences punishable under Sections 468 and 472 of the Indian Penal Code.
3. The allegation against the petitioner and other accused is that they had availed a loan of Rs.10 lakhs from the Kunjithanni branch of the Federal Bank Limited on 22.01.2008, by producing false and fabricated documents as security for the loan.
4. Heard the learned counsel for the petitioner and the learned Senior Public Prosecutor.
5. Learned counsel for the petitioner has pointed out that earlier the loan was obtained by producing documents before the Federal Bank Limited, Kunjithanni branch by the petitioner and the other accused, and obtained a loan of Rs.10 lakhs. Subsequently, the said loan was re-paid and the documents were returned. After that, the petitioner again obtained a loan of Rs.5 lakhs from the said Bank by depositing those documents as security. According to the learned counsel for the petitioner, the Bank has not raised any allegation against the petitioner so far and that the Bank has no case that they were cheated through forgery by the petitioner.
6. Learned Senior Public Prosecutor has pointed out that it was on getting a complaint from some other source, the matter was investigated by the Police. So long as the Bank who had given amounts by way of loan has no case that they were not cheated through forgery, an offence under Section 468 of the Indian Penal Code is not sustainable as against the petitioner. Matters being so, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioner shall report before the investigating officer in between 09.00 a.m. and 11.00 a.m. on all Tuesdays and Fridays commencing from 04.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge