The court recognized that the absence of a prior criminal record and the nature of the claims justified the grant of anticipatory bail to prevent unnecessary custody.

ORDER

Dated this the 03rd day of July, 2020 APPLICATION FOR ANTICIPATORY BAIL The petitioner is presently the 8th accused in Crime No.347 of 2020 of Pala Police Station, Kottayam, for having allegedly committed offences punishable under Sections 463 , 468, 471, 472, 484 and 420 read with Section 34 of the IPC , in furtherance of common intention, with 19 other persons. The prosecution case in brief is that the accused persons had availed of agricultural loan from the State Bank of India, Bharanganam Branch, during the year 2015, by producing some forged and fabricated land receipts and possession certificate, purporting to be issued to them by the Village authorities. The Village authorities disclosed that those receipts and documents were not issued by them and therefore, the crime was registered against the accused. However, the property belonging to the petitioner was mortgaged and the loan is being re-payed without any default. The petitioner's husband, who is the 6th accused was arrested and was released on bail. Thereafter, accused 12 to 16 were also released on anticipatory bail from this Court, and the Sessions Court.

2. The petitioner is a lady without any criminal antecedents and there is nothing to be recovered from her by means of custodial interrogation. The documents have all produced before the court. And therefore, incarcerating her will not serve any purpose. She is also not likely to abscond. She is willing to co-operate with the investigation. Her husband has already been arrested and released on bail.

3. In the result, the petition is allowed and the petitioner is directed to surrender before the Investigating Officer within two weeks, and after interrogation, in the event of her being arrested, she shall be released on bail on execution of bond for Rs.50,000/-(Rupees Fifty thousand only), with two solvent sureties, each for the like amount to the satisfaction of the Investigating Officer, and on the following further conditions: (i) She shall appear before the Investigating Officer as and when called for.

(ii) She shall not influence or intimidate witnesses or tamper with evidence.

(iii) During the bail period, she shall not get involved in any similar offences.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court. The bail application is allowed.