~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.2 and 3 in Crime No.157/2010 of Vellathooval Police Station, now CBCID Crime No.142/CR/OCWII/EKM/2013, registered for the offences punishable under Sections 468 and 472 IPC.
3. The allegation against the petitioners and other accused is that, they had availed a loan of ₹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 petitioners and the learned Public Prosecutor.
5. Learned counsel for the petitioners has pointed out that, earlier, a loan of ₹10 lakhs was obtained by the petitioners and the other accused by producing documents before the Federal Bank Limited, Kunjithanni Branch. Subsequently, the said loan was repaid and the documents were returned. After that, the petitioners again obtained a loan of ₹5 lakhs from the said Bank by depositing those documents as security. According to the learned counsel for the petitioners, the Bank has not raised any allegation against the petitioners so far and that the Bank has no case that they were cheated through forgery by the petitioners.
6. Learned 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, which had given amounts by way of loan, has no case that they were cheated through forgery, an offence under Section 468 IPC is not sustainable as against the petitioners. Matters being so, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioners.
7. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on each of them executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Thursdays and Mondays, commencing from 27.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.
(iv) The petitioners 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) aks/24/11 // True Copy // PA to Judge