LAWS(KER)-2006-12-420

THAMPI ACHARY Vs. STATE OF KERALA

Decided On December 12, 2006
THAMPI ACHARY, S/O.PADMANABHAN ACHARY Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Petitioner who is the 2nd accused in Crime No. 376/04 of Parippally Police Station for offences punishable under Sections 420, 306, 465, 467, 468, 471, 460, 417 and 419 read with Sec. 120 B I.P.C., seeks anticipatory bail.

(2.) The case of the prosecution is that the first accused who is the wife of the 2nd accused (the petitioner herein) had practicing impersonation as the de facto complainant had by fraudulent means s availed a loan of Rs. 1,35,000/- from Kallakode Service Co-operative Bank in the name of the de facto complainant and her husband and when proceedings were initiated against the properties of the de facto complainant her husband committed suicide.

(3.) Anticipatory bail cannot be granted in a case of this nature. There is no reason why the petitioner should not surrender before the Magistrate concerned and seek regular bail. Accordingly, if the petitioner surrenders before the magistrate court and files an application for regular bail within ten days from today, the same shall be considered and disposed of, preferably, on the same day on which it is filed. With the above observation this application is dismissed.