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Judgment
1.The petitioner is stated to be the 2nd accused in
crime no.428/2011 of Kozhikode Kasaba police
station. He is alleged to have committed along with
others offences punishable under Secs 404, 420, 468
and 471 of IPC read with IPC 34.
2.The prosecution case is that the 1st accused forged
the signature of the first informant and obtained a
loan of Rs 1.35 crores from the Kozhikode branch of
the ICICI bank. It is alleged that it was done with
the connivance of accused 2 and 3.
3.The petitioner contends that he was only the loan
sanctioning authority seated at Thiruvananthapuram
during the relevant time. It is also contended that
the papers relating to the loan should be processed
by the counsellor concerned who was the 3rd accused. B.A.8343/17
4.Heard the learned counsel for the petitioner and
the learned public prosecutor.
5.Forgery was allegedly committed by the 1st accused.
The papers of loan were processed by the 3rd
accused. The petitioner, the 2nd accused, was only
the loan sanctioning authority. It is also
contended that the loan sanctioning authority has
no duty to verify the signatures in the loan
application and connected papers. In these
circumstances I am inclined to grant bail under
Sec.438 of Cr.P.C to the petitioner despite the
objection of the public prosecutor. The 3rd accused
who had to process the loan papers was granted
anticipatory bail by this court as per the order in
B.A.6974/2017. A copy of the said order is annex-
A1. I do not see any reason why it should be denied
to the petitioner.
6.The application is allowed. If arrested in
connection with crime no.428/2011 of Kozhikode
Kasaba police station, the petitioner shall be
released on bail after interrogation, if any, on
his executing a bond for Rs.30,000/- (thirty
thousand only) with two solvent sureties each for
the like sum to the satisfaction of the
investigating officer. The petitioner shall co-
operate with the investigation. He shall make
himself available for interrogation if so required
by the investigating officer. The petitioner shall
not intimidate or attempt to influence witnesses.
Nor shall he destroy or tamper with evidence. Nor
shall he attempt to interfere with the
investigation. The court concerned is hereby
empowered to cancel the bail in accordance with law
if any of the above conditions is violated. If the
petitioner surrenders before the court concerned,
this order shall have no effect and the court
concerned will pass appropriate orders as if this
order has not been passed.