BAIJI C VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) CAN an application under S. 438 of the Code of Criminal Procedure ('the Code', for short) for anticipatory bail be permitted to be withdrawn?

(2.) ACCORDING to prosecution petitioner's husband (A9) was the President of a Bank and he is an active politician also. In pursuance of criminal conspiracy hatched among him and various accused including petitioner (A21), an amount of Rs. 75 lakhs (which is more than the permissible limit of loan which could be sanctioned by the Bank) was advanced to petitioner's firm, on the strength of mortgage by deposit of title. Thereafter, the title deeds which were deposited in Bank were clandestinely taken out by the accused from the Bank, and properties covered by the deeds were sold. The President, Secretary, other office bearers of the Bank and loanees criminally conspired to commit offences of misappropriation, forgery, falsification of accounts etc. , and caused a huge loss to the bank by misappropriation of its funds. Various other amounts were also granted in the same manner to various other persons also, as loan. The offences alleged are under Ss. 120 B, 406, 420, 465, 468, 477a IPC.

(3.) THIS is the second application for anticipatory bail. The earlier application for anticipatory bail (B. A. No. 7291/2007) was dismissed as withdrawn, as per order dated 7. 12. 2007 of another bench of this court. The said order reads as follows: "after discussions at the Bar, the learned counsel for the petitioner only prays that the petitioner may be permitted to withdraw this petition without any fetter on the rights of the petitioner to surrender before the learned Magistrate and seek regular bail, Request is accepted, This bail application is accordingly dismissed as withdrawn. "